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My house is only in my name and in trust with my son as beneficiary. If my husband is in a nursing home on Medicaid, when we both are deceased, can the state take the assets or hall the assets from sale of home to pay for Medicaid recovery? Would the state get half (husband's half and my son get my half)? I never put my husband on the title or the trust.

See an attorney now. Also depends on how long you lived in the home as it is considered community property.
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Reply to Patathome01
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Isthisrealyreal Feb 5, 2025
Pat, illinois is not a community property state, it is an equitable property state, which means it is not necessarily divided 50/50.
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Linda49: Pose your question to an attorney.
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Reply to Llamalover47
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Is the house in your name or the trust name, because if in your name, the trust doesn't own it. Meaning what the trust states about your house is not valid, as it would not be in the trust, unless your pour over will bequeaths it to the trust.

You can see how complicated this is if not done right.

Please see an attorney about this and ensure you have every thing titled and deeded correctly, or what you have set up isn't what you think you have set up.
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Reply to Isthisrealyreal
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Agree with Geaton.
Do not trust a Forum of caregivers with legal questions. For legal, financial and medical questions you need an expert. Put your son on researching this for you if you like but this is something that requires legal answers.

I think off top of my head if you have a home that was never in any way owned by the man you married, but was your HOME and he never contributed to Mortgage payment nor was on title and deed, and you put your home in YOUR trust for YOUR son, then your husband is not in any way involved in that home. But boy, that's pure and simple a GUESS on my part.

See an attorney. And best of luck.
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Reply to AlvaDeer
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This is a question for your trust attorney. Medicaid rules may vary by state and this is why you should ask your attorney.

Medicaid can only recover payment from the assets owned by the people who used the benefit. If his name was never on the house title (so that he is outside their 5-yr "look back" period) and isn't joint on any other investments, they can't touch it. One of the reasons people create trusts is to make certain financial assets "invisible" to Medicaid. Still, I would ask the attorney since s/he would know all the specific details of your situation. This is a global forum and we are not attorneys.
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Reply to Geaton777
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