Legal Question in Wills and Trusts in Illinois
can state file claim on surviving spouse's trust for medicaid recovery
Asked on 6/11/10, 8:45 pm
1 Answer from Attorneys
Yes, but there are so few facts you're giving us whether the claim is valid can not be determined from the information given. A key issue here will be when the trust was set up and whether the deceased put his (or her) assets into the trust. Many people do this thinking it will protect the survivor. But many do it too late. The concept is you can't give away your money and then have the state pay for your care, if the transfer was less than 5 years before you go on the public rolls. It used to be a 3-year look back but that was changed, which is another reason why the date the trust was set up is so critical.
Answered on 6/14/10, 1:40 pm