Revocable living trust and Medicaid?

Linda, AlvaDeer raises a critical point, i.e., was there a deed transferring ownership and title to the Trust?    It's part of "funding" a trust.   Our attorney also created a Bill of Sale for the incidental items to be funded into the trust w/o having to specifically identify each one.

A trust that's titled as an Irrevocable Trust is that; unless there are specific qualifying provisions, it can't be changed.   As ReallyReal states, once the person dies, a Living and revocable Trust becomes irrevocable.

It might be a good idea to meet with the attorney who drafted the Trust and ancillary documents for a good discussion on your rights and obligations as Trustee, now, and after death.

A revocable trust does not change to irrevocable trust because someone gets sick. That is usually a term of the trust that happens after death of one or more trustees.

Read the trust. They are very specific and clear about what you can do and when you can do it.

I would also think about seeing a certified elder law attorney to ensure that you don't do anything to endanger her future need for public assistance.

Revocable trusts are not a vehicle to shelter funds, they are set up to ensure that the person is able to pay for their care and has their wishes clearly stated, you want to understand what is expected of you as a trustee.

wwww.nelf.org is a great resource to find a certified elder law attorney in your area.

Read the paperwork. If you are currently the Trustee, then you were made the Trustee at some point before your Mom got dementia, right? Or are you only the trustee AFTER HER DEATH. Big difference here. You would know if you were made Trustee of the Trust, because this is done with a Lawyer. You would be using the Trust checking to pay her bills and etc? Whether you can sell the house or not depends on whether it is in the Trust, and whether the Trust gives you permission to sell property as the appointed Trustee. So you should check in with whatever lawyer originally changed the Trust from your Mom as Trustee of her own Trust (where most start) to YOU being Trustee of your Mom's Trust. As to whether you should sell property in the trust now, that is another question. See a Lawyer. This is nothing you can afford to guess at. And it will be very complicated dependent on where things stand with her husband, and his needs, his ownership in her home if any, and etc. If the home is not in the Trust, but you have a POA that is broad and very legally airtight then you can sell property. Again we are at the point of SHOULD you do so. So do see a Lawyer. I was made Trustee of my Brother's Trust over a year ago at his request. He did not have dementia. The way it was written I was given all powers, those powers not to change dependent on his mental acuity, and etc. The law is the law. Should see a counselor in the state where you will be doing this. It is very complicated to do things not in the same town, and I found it to be so with my bro tho we were only half a state away. None of this is easy, so don't depend on those of us on a forum. Seek legal help.