Legal Question in Elder Law in Indiana

Attempting to get Medicaid for 83 yo female, had a stroke in 1987 & has been cared for at home until recently, In late August had heart attack & bad urinary tract infection hospitalized for IV fluids & antibiotics, but has living will & wanted no "procedures done", weak, unable to stand alone in rehab at nursing home. Medicare only allow 20 days, unless we do Medicaid application or pay out of pocket. They never had any supplement insurance. Will now require 24/7 care. They own farm ground in Indiana, which they want to go to their children, but never did any legal action. Spouse is 85 independent & able to care for self. Recommended to put property in trust in his name & have her sign off. Will this protect the property from probate or as her husband asks "the government, taking everything I worked all my life for"?


Asked on 9/19/16, 8:48 pm

1 Answer from Attorneys
Kenneth Wilk Rubino Ruman Crosmer & Polen

That won't work---it will just cause Medicaid to be delayed. The government isn't going to take everything. Surviving husband gets a monetary allowance, depending on their assets. Don't do anything by way of the assets until you first talk to an attorney who is well versed in Medicaid planning.

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Answered on 9/20/16, 4:59 pm


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