Legal Question in Wills and Trusts in California
80 yr. old Mother just placed in nursing home from hospital stay. Only child. She owns a home in San Diego. I live in San Francisco. (1) Would a Irrevocable Trust keep the proceeds from her home selling from Medi-Cal; (2) Is there a time limit to doing this? (3) The house is in no shape to rent with out a lot of money fixing it up, does the rent apply to her Medi-Cal allowance of assets? (4) Do I need an attorney to deal with any or all of these issues? and (5) would the proceeds of the sale of the home be put into a tax-free annuity?
A lot of stuff, in a quick amt. of time ... thank you for any or all advice.
Kathleen
1 Answer from Attorneys
you should consult with an attorney experienced with medi-cal issues and estate planning. it is now too late to use an irrevocable trust, so other considerations need to be explored before you take any actions.