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. My sister and her husband currently live in it. 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? We do not intend to sell her home. Thanks!
2 Answers from Attorneys
The state will be happy to sell it for you.
It is part of the deal you make with Medi-Cal or the State of California, that you will repay on your death. To apply for it, her assets would have been listed. It is not exempt because it is in the Trust. You don't get it both ways, letting the State foot the bill for very expensive skilled nursing care for many many years AND get to keep all of Mom's assets without a hitch. This is what is known as the 'hitch'. You should check with an attorney near you to see what can be done.
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