Legal Question in Elder Law in Massachusetts

Re: Revocable Living Trust Disclaimer

Your question is confusing. The "waiting period" applies to an applicant for medicaid who has transferred assets prior to to applying. A dead person cannot apply for medicaid.

If the surviving spouse has acquired an interest in real estate as a result of the other spouse's death, and medicaid has a lien on the real estate, waiving her interest could allow the real estate to be sold and the lien satisfied to the extent of any proceeds. If the real estate is in a living trust, the answer is more complicated and depends on whether the trust is revocable.

If the living trust is not a real estate trust, unless it is a large amount of money, DOR does not usually pursue it.

If the surviving spouse is liable personally for some debt (probably not medicaid), waiving the share of the estate will probably allow the share to escape attachment.

If the surviving spouse needs to apply for medicaid, and his or her assets were included in the transfer to the living trust, the lookback period goes back to the time the trust was established.

If the surviving spouse needs to apply for medicaid and stands to inherit enough it would make him/her ineligible for medicaid, and wants to waive the inheritance to maintain eligibility, it can probably be done. I have not researched the issue, but I have not heard or read of a case in Mass. deciding that question.

You should consult and pay a lawyer for a more thorough discussion and definitive answer, if a more definitive answer is available.

The SS website offers a lot of information and help. www.medicaid.gov. There is also www.elderlawanswers.com.