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wwhelp2017 Asked March 2018

Does Medicaid make the people who made the irrevocable trust pay them when person dies?

An irrevocable trust was made by a POA. This POA person told the mother it was a medical POA only but turned out to be a durable. The mother took the daughter to court and she lost. The daughter with the POA made the Irrevocable Trust moved her mother's money $ almost $200,000.00 out of the bank that the mother had in CD's for all children. Then the POA put the house and land in the Irrevocable Trust. During the time this was done the mother requested $$ for approximately 6 or 7 years for help from them and sent them bills off and on. The Mother never got help financially and the Daughter and SON who made the Irrevocable Trust never talked or came to see their mother for 9 years now. The mother and other daughter did not stay at the mother's home that was put in the irrevocable trust because in order for the other daughter to care for her and help pay bills for her mother she needed to stay somewhere else. Now the caregiver daughter has health problems but continues to take care of her mother while her mother had to go in an Assisted living, going to see her everyday mostly at night but trys to visit the day shift at different times. The cost is high the mother does not have enough to pay the bill totally each month from her Social security check, The daughter also pays her Supplemental ins, etc., diapers, pull ups and her daughter takes her to the doctors also and uses her own money for gas as she does for everything else her mother needs. Can this assisted living start adding up the bills instead of the daughter continuing to pay for them and get paid back from the Irrevocable trust after she passes away. It is not right that this lady has to have such debt when they made the Irrevocable Trust without the permission of the mother when they tricked her when she signed. This was taken to court when it happened. The judge says the mother should not have signed. A lot of $$ were spent on the Mother's lawyers also. So can the Irrevocable Trust be made to pay the bills later out of the Irrevocable Trust? The Mother during this month received a notice to go to court but was sick and could not go. The court session was to ask the court if they the trustees and beneficiaries of the trust could sell her the Mother's home. They became frustrated when I did not keep paying the House Insurance when they should of been paying it with the trust money, they also cut the grass a about 6 times when the daughter helping her mother paid the grass maintenance for 9 years, so they started complaining to themselves that the house is causing them expenses and that was why they started paying the grass cutting for just a few times and THEY SEEM TO FORGET ABOUT THE 9 YEARS the caregiver daughter kept it cut when they should have been doing it and were sent bills them also. So they sent a letter March 22018 and the Mother is supposed to have the furniture all moved out so they can sell it and also why are they doing this? I am sure it is because they want more MONEY! The Mother 's things should be left alone and they should pay for the removal of her things the storage, the labor the packing. It is just not right what these 2 are doing to their mother. The mother may need additional care and need to go into a nursing home and she can not afford it and was told she can not get Medicaid because of a 5 year look back but still has assets in the Irrevocable Trust that the other 2 children made in order they say to help her but never have helped her and only want more money. The MOTHER HAS BEEN LOST IN THIS SYSTEM and she needs a FREE Good ELDER Lawyer to see if they can make them start paying all the needs. The daughter caregiver was a 24 hour daughter always helping her mother. If you look at the small amount of $10 an hour for 24 hours it is $240 a Day. and a month it is high for 31 days about $7,000. And if you multiply that for a simple year that is over $86,000 approximately. But this daughter has been paid nothing from the other 2 children who have the Irrevocable Trust in their CARE and in charge of it since they made it and are the fiduciaries and beneficiaries.

polarbear Mar 2018
I am moving your question up toward the top, Hopefully, someone with answer will see it.

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