She's 90, starting Damenica. Has no assets. She lives in a house that belongs to my Brother and myself. When our parents divorced 58 years ago it was put in a trust for us as part of the divorce. Is this something she should.do? Will she have to pay taxes?Is our interest in the house threatened. And lastly Should I pay for Elderly Attorney to oversee this.
8 Answers
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First
Jeanne, your home state of Minnesota is number on is caring for its seniors (Forbes, USA Today). They also are, I believe, number three of productive use of health dollars.
I'm not putting this in here to detract from your spot on answer for Suegirl - just wanted to congratulate your state.
Carol
I can think of no reasons not to have Mom sign up. After a Medicaid recipient dies the state attempts to be reimbursed for some of their expenses. This is through the sale of a home, if the recipient owned one. I think it would be a good idea to consult an Elder Law attorney to understand the status of the trust and any impact Medicaid/Passport would have on that.
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Take the trust document to an elder law attorney. That's where the real answer lies.
If trust owns home (which it should) - then if Mom is just trustee (or co-trustee w/you and brother) and it was written given you and brother ownership of trust assets with Mom having life estate - then probably Medicaid could not attach.
You are right to seek advice from estate lawyer with experience in trusts.
They can look at your documents and you will be clear on where you stand.