Legal Question in Elder Law in California

A friend of mine went to an elder law attorney to set up a trust. She wanted to leave a house to her son who has been helping her financially. She wants to prevent Medi-Cal recovery claims as she has no Social Security income; just dependent on her son. The attorney wanted to set up a special needs trust. She is 73 years old and is not disabled other than old age. Reading about the trust it says if someone uses their own funds then there is Medi-Cal recovery. Is that right? This sounds like the wrong type of trust. Should she seek another opinion? Thank you.


Asked on 10/26/10, 10:48 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Whenever you feel uncomfortable with your attorney's opinion on the law or a very substantial matter in the case, it is best to discuss the issue in detail with your present attorney or seek another opinion by reading book passages on the subject, trying to obtain web legal opinion [but only from lawyers as many non-lawyers have stong thoughts on different legal issues but weak actual knowledge], and/or getting another attorney's advice.

This is not a matter that I am expert in, but it does seem to me that if she sets up a trust to pay only her money, especially if it is revocable, it should be treated the same as her having a bank account or annuity. On KGO radio and ther web site, there is an attorney named Len Tillim who specializes in these questions and will discuss with your friend what should be done or answer her question via e-mail. He is on 4-7 Sundays [if football games do not interfere] and noontime weekdays [station 810].

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Answered on 10/31/10, 12:04 pm


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