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I’m assuming this Trust is something that has been done very recently…. So What has happened to have you become concerned about “can Medicare take the house after he dies”?
If Dad is private pay for his NH stay, and has plenty of $$$ to remain private pay for years, his doing a Living Trust is good Estate planning. His Medicare is something he gets as a benefit of paying into FICA in his past and it is health insurance (which does not pay custodial costs). Medicare does not care what he does with his assets.
But if he is in the NH as a full time resident (not there as a rehab patient covered under health insurance) with your States LTC Medicaid program filed for &/or paying his custodial care costs, they do care what he has done with his assets the past 5 years.
So when was the “Living Trust” done? If he enter the NH and has filed for LTC Medicaid, then he has gone and changed the title of his home to become - via a Living Trust - yours by naming you as the Trust beneficiary, that imho would be a problem. His placing you as the beneficiary of a Living Trust is a gifting action. LTC Medicaid places penalties on eligibility due to gifting.
If y’all did this without checking with his caseworker first as you felt it was ok as were his caregiver 2 years prior, you really have to find out precisely how your States LTC Medicaid program deals with exemptions and exclusions to the required attempt of Estate Recovery. It usually is an after death action.
Your question doesn’t quite make internal sense, so you’ve gotten two answers, each of which assumes something slightly different. I’m not a lawyer but here are some things to think about when you do talk to one:
You asked about whether Medicare would take the house. But MediCARE will never take anything, as Geaton also says. Medicare is an insurance plan and isn’t income-based. So Geaton assumed you really meant Medicaid, and that he was on it now, and that the house was protected temporarily as often happens with a primary residence. In that case Medicaid may have a claim against the value of the house after he dies through the Medicaid estate recovery plan (MERP). * And for this you 100% need a lawyer.* Not just because of the living trust, where your dad gave away some of the value of the house to you and it’s not clear how MERP will deal with that, but also…. this is different for each state, and there are various reasons why there might be exceptions to estate recovery at all.
For example, in Massachusetts, one of them is “the heir provided care to the member for two years before the member was placed permanently in long-term care or other medical facility “. And it sounds like you may have done this.
So it’s lawyer time.
Now, Joann gave you a slightly different answer based on a different assumption. Joann took your question at face value and assumed you were on Medicare now, but that Since you were talking about some organization taking something thatMedicaid may be in the future/ and that he’ll be applying for Medicaid. In this case there would be a look back re eligibility and I’d expect it would be a problem that your dad gave away some of his asset to you within the last five years.
As I recall, there is a complicated way of figuring out the fair value of a living trust based on everyone’s ages etc. etc. that’s come up in another thread. But this may not be relevant.
It depends when he placed you on the deed. If within the 5 yr look back, it maybe questioned. There will be a recovery. You will get a form asking you if there are any assets and the house is now an asset. I think the form asks if someone lives in the house. Did you care for Dad while living there for 2 yrs or more? If so there is a Caregiver allowance you maybe able to get. Disabled child allowance. Maybe just being a resident for years? If they except that you are part owner I doubt if they will force a sale. But if you sell the home, the lien will need to be satisfied. I would not see a lawyer yet. I would wait to see what happens in recovery, it may go smoothly. Only getva lawyer when you need to.
You mean Medicaid. Medicare is health insurance. Medicaid is medical assistance for those in financial need.
Medicaid will put a lien on a home in order to recover the cost for caring for your Dad. IDK how it will work out but please consult an elder law attorney, Medicaid Planner for your state, or contact Medicaid directly. I'm sure your state has a website that addresses MERP (Medicaid Estate Recovery Plan).
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
If Dad is private pay for his NH stay, and has plenty of $$$ to remain private pay for years, his doing a Living Trust is good Estate planning. His Medicare is something he gets as a benefit of paying into FICA in his past and it is health insurance (which does not pay custodial costs). Medicare does not care what he does with his assets.
But if he is in the NH as a full time resident (not there as a rehab patient covered under health insurance) with your States LTC Medicaid program filed for &/or paying his custodial care costs, they do care what he has done with his assets the past 5 years.
So when was the “Living Trust” done?
If he enter the NH and has filed for LTC Medicaid, then he has gone and changed the title of his home to become - via a Living Trust - yours by naming you as the Trust beneficiary, that imho would be a problem. His placing you as the beneficiary of a Living Trust is a gifting action. LTC Medicaid places penalties on eligibility due to gifting.
If y’all did this without checking with his caseworker first as you felt it was ok as were his caregiver 2 years prior, you really have to find out precisely how your States LTC Medicaid program deals with exemptions and exclusions to the required attempt of Estate Recovery. It usually is an after death action.
You asked about whether Medicare would take the house. But MediCARE will never take anything, as Geaton also says. Medicare is an insurance plan and isn’t income-based. So Geaton assumed you really meant Medicaid, and that he was on it now, and that the house was protected temporarily as often happens with a primary residence. In that case Medicaid may have a claim against the value of the house after he dies through the Medicaid estate recovery plan (MERP). * And for this you 100% need a lawyer.* Not just because of the living trust, where your dad gave away some of the value of the house to you and it’s not clear how MERP will deal with that, but also…. this is different for each state, and there are various reasons why there might be exceptions to estate recovery at all.
For example, in Massachusetts, one of them is “the heir provided care to the member for two years before the member was placed permanently in long-term care or other medical facility “. And it sounds like you may have done this.
So it’s lawyer time.
Now, Joann gave you a slightly different answer based on a different assumption. Joann took your question at face value and assumed you were on Medicare now, but that Since you were talking about some organization taking something thatMedicaid may be in the future/ and that he’ll be applying for Medicaid. In this case there would be a look back re eligibility and I’d expect it would be a problem that your dad gave away some of his asset to you within the last five years.
As I recall, there is a complicated way of figuring out the fair value of a living trust based on everyone’s ages etc. etc. that’s come up in another thread. But this may not be relevant.
Medicaid will put a lien on a home in order to recover the cost for caring for your Dad. IDK how it will work out but please consult an elder law attorney, Medicaid Planner for your state, or contact Medicaid directly. I'm sure your state has a website that addresses MERP (Medicaid Estate Recovery Plan).