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Charles22 Asked February 2021

Does having ones home in a Revocable Living Trust change the homes Medicaid exempt status compared to the home not in a trust?

If the home was put into a Revocable Trust, Would the rules still apply of the home being exempt from Medicaid estate recovery while the community spouse is living in the home or if the home was unoccupied with the owner in the nursing home signing an intent to return home statement?

JoAnn29 Feb 2021
The words that stuck out for me were "If the home was put into a Revocable Trust". To me this means that you have not done anything yet. If so, there is nothing you can do now if the person is in need of Medicaid. Any trusts or signing over has to be done before the 5 yr look back. It looks like a revocable trust doesn't protect the house any way.

A Community Spouse will be able to stay in the home and be given enough of the monthly income to live. Its not until the person receiving care passes away that a lean will be put on the house. That lean will not need to be satisfied until the Community spouse sells, leaves the house or passes away.

Most people in a nursing home rarely are able to go back to their homes. The criteria is such that they need 24/7 care to be in a LTC facility.

AlvaDeer Feb 2021
Revocable trusts don't change any medicaid recovery rules at all.

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worriedinCali Feb 2021
A revocable trust doesn’t change anything. It’s useless when it comes to
medicaid planning and eligibility. Revocable trusts don’t protect assets. What you would need is an irrevocable trust but it needs to be done years before Medicaid is needed.

notgoodenough Feb 2021
I don't think putting a home into the revocable trust changes anything with Medicaid laws. But you would really be better contacting the attorney who put the trust together and asking him/her these specific questions.

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