Legal Question in Wills and Trusts in California

Re: irrevocable life estate

No. Neither will Medicaid. I hope you did this correctly. It required that you deed the property to your daughter, reserving to yourself a life estate. Make sure that if you or anyone on your behalf applies for Medicaid (MediCal) benefits for convelescent care that you check on the application that you intend to return to your residence.

Re: irrevocable life estate

Actually, Medi-Cal would be the program which may or may not make a claim against someone's personal residence if that person had been a Medi-Cal beneficiary. Although life estates were once a very common method of protecting a residence from such claims, there are often much better strategies, especially considering changes in the law that may be on the horizon. Many other questions need to be answered before a proper recommendation could be made. Is your daughter your only child/beneficiary? Do you have any estate planning documents which may be used to avoid unnecessary court actions in the event that you should become incapacitated? If you have any further questions, I can be reached at [email protected]. Good luck to you.