Legal Question in Wills and Trusts in California

can an irrevocable trust protect my home in california from medicare?


Asked on 6/25/11, 12:13 am

1 Answer from Attorneys

Michael Weinstein Law Office of Michael R. Weinstein

You may be confusing programs. Medicare is a government insurance policy that you paid for during your working life and there is not liability for using it.

MediCal is a program for the indigent managed by the Federal government and the State of California. You are allowed to qualify for MediCal if your only assets are a personal residence, a car and (check this out with an elder care attorney or MediCal specialist) $2,000.00 of liquid assets. If you apply for MediCal and your medical costs are paid for by MediCal, then upon your death the State of California can lien your property for repayment of the money it spent on you.

You cannot transfer property within five years prior to applying for MediCal (look back period). Such transfers, as to an irrevocable trust, will be considered fraudulent and may disqualify you from benefits. Also, California may lien the house put in the irrevocable trust during the lookback period, after your death.

You need to speak with an elder care attorney who are generally the most knowledgable on MediCare.

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Answered on 6/25/11, 9:13 am


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