Legal Question in Wills and Trusts in California
My mother is in a nursing home here in California. She has Alzheimers and has been there for 8 years. She still owns a mobile home, which is in the family trust. We received a letter today saying that when she passes the California recovery Program will come after their portion of all they have paid over the years. Question, if her mobile is in a Family Trust, can they still come after this?
2 Answers from Attorneys
It would require a review of the trust documentation to be sure, but generally such trusts are revokable. If this one is, it can be reached by the recovery program.
Worse. If the trust does not negotiate and settle with the Estate Recovery Unit of MediCal, and distributes assets to you, or your family members, then MediCal can go after you for the full amount due.