Legal Question in Elder Law in California

I am inquiring about a �Living Trust� for my 83 yr old mother who is not doing so well. Her and my dad purchase this California home in 1962 for $16,000 (my parents divorced in the 1980�s, my mom bought out the house, my dad has since passed away) and my mom has lived in the house ever since. The home is now free and clear and worth about $400,000 now. She has very minimal liquid assets and a few small life insurance plans (burial plans worth no more than $30,000). My question is, she has been receiving medical assistance from Medical or Medicare over the last 40 years, mainly just standard medical coverage, doctor�s visit and the like, But she has had a few surgeries, the bill on one of those was over $70,000. She wants to put the house in a �Living Trust� but is VERY concerned that Medicare / Medical will come after her or her estate for reimbursements. Will a �Living Trust� protect her estate?

Thank you very much for any assistance.

Sam Seaman


Asked on 10/25/09, 6:33 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

A properly done trust may be able to avoid that kind of collection activity, and have the side benefit of passing property on tax free to heirs upon death. If she is in SoCal and serious about getting such trust done, feel free to contact me.

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Answered on 10/30/09, 7:20 pm


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