My dad only has enough money left for 2 more months of 24/7 care. The house will not be secure until 5 months. Will Medicaid put a lein on the house to pay for care for the remaining months or lein on house until time of death?
needinghelp4dad, by putting his house in an irrevocable trust, it sounds like your dad ill-advisedly put the needs/wishes of his children above his own future needs. What may happen is that Medicaid will deny his future application due to this gift and when your dad's income and assets are no longer sufficient to pay for his 24/7 care, he will no longer receive the level of care he needs unless his children help pay for it. It might be a good idea to seek assistance from an expert elder-law attorney who is interested in helping your dad rather than his children. Best wishes.
That’s actually not true. TEFRA leins are placed before the Medicaid recipient has died and are used when the recipient will not be returning home. This is to prevent the home from being sold or given away. Not all states place leins post-death.
like Garden, I too am not understanding your ?? What exactly do you mean by “gift trust”?
the “gift” stuff I’m aware of tend to $ placed (usually by a grandparent) into something over time for the future behalf of a minor, like a UTMA or a Chumney Trust Letter. It’s a predeath lowering taxes type of strategy done for estate planning as opposed to doing a Testamentary Trust.
so what all is “gifted” & what type of exact “trust”
I'm not sure what you mean by the house not being "secure". Are you referring to retitling the house into the irrevocable gift trust? Or is the house being gifted to the trust?
In the post title you indicate that it won't be secure until 6-1-20, then in your test you indicate it won't be secure for 5 months, which would be (including November) March, of 2020. Could you explain?
Does the IT not become effective for the same period of time?
Sorry, I really don't understand your post, the situation, or what you're asking outside of the Medicaid question, but I don't understand that either in relation to "security" of the house.
Perhaps someone with Medicaid experience does understand, though.
to clarify. my dads assets will be gone the end of December or early January at this rate as he is paying for his home health aid 24/7 care. WE should be able to apply for Mass Health based on his income/assets, but the house was put in an irrivocable gift trust to the children. This time frame will be up 6/1/20. So not sure if they would put a lein on the house if it hasn't reached machurity of 4 months or so. if it's just until June or if it's fair game until whenever since its not really a gift yet.
What exactly do you mean by “gift trust”?
the “gift” stuff I’m aware of tend to $ placed (usually by a grandparent) into something over time for the future behalf of a minor, like a UTMA or a Chumney Trust Letter. It’s a predeath lowering taxes type of strategy done for estate planning as opposed to doing a Testamentary Trust.
so what all is “gifted” & what type of exact “trust”
In the post title you indicate that it won't be secure until 6-1-20, then in your test you indicate it won't be secure for 5 months, which would be (including November) March, of 2020. Could you explain?
Does the IT not become effective for the same period of time?
Sorry, I really don't understand your post, the situation, or what you're asking outside of the Medicaid question, but I don't understand that either in relation to "security" of the house.
Perhaps someone with Medicaid experience does understand, though.