Legal Question in Wills and Trusts in North Carolina

If someone has a living trust for their property and they become sick and have a lot of medical bills. How long does the living trust have to be made so the state can not take any of the property


Asked on 5/28/10, 6:40 pm

1 Answer from Attorneys

I am assuming that you are referring to the Medicaid Rules. Generally, if someone has to go into a nursing home, they are precluded from applying for Medicaid to cover their care for a period of 60 months (5 years) if they conveyed their assets to a revocable living trust. However, there are many factors that can affect this. What assets do they have? Some are counted and some are exempt. This is a complex area of the law and the person should consult an elder care attorney to do proper Medicaid planning before the person has to go into a nursing home.

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Answered on 5/29/10, 9:49 pm


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