Does Medicare do estate recovery for nursing home care?

2 answers | Last updated: Apr 23, 2010
Lee Watts asked...
My parents owned a house in Whittier, CA. They have both died and the house is now owned by the Watts Living Trust with my brother and I as co-trustees. My brother lives in the house. He is 70 and disabled. If we leave the house in the trust and he has to go to a nursing home, will Medicare be able to take 50% of the value of the house?
 

Caring.com User - Steve Weisman
Caring.com Expert
Send a Hug or Prayer
Send a Hug or Prayer
A
Steve Weisman hosts the nationally syndicated radio show A Touch of Grey, heard on more than 50 stations, including WABC in New York City...
Steve Weisman said...

I will assume that the house was transferred from the estate of the last to die of your parents to a trust for the benefit of you and your brother. See also:
How to Hire Urgently Needed In-Home Care

See all 327 questions about Wills and Trusts
The key question now is what kind of trust is it? Trusts come in many different variations. Medicaid law does provide for certain types of trusts to be ignored when determining the assets of an applicant in your brother's situation and thus would not be considered a countable asset of your brother in determining his eligibility for Medicaid benefits. However, not all trusts would meet the Medicaid standards and I am concerned that your brother is also a co-trustee. I suggest that you contact a local lawyer who is a member of the National Academy of Elder Law Attorneys to help you with this.

Was this answer helpful?
 

More Answers
64px
An anonymous caregiver said...

My mother put the deed to her home in my name. She needs to go to a nursing home. Can I sell the house if it has only been in my name for 2months and can she be accepted by medicaid

Was this answer helpful?
 

 
Ask a question Ask a question | Add an answer Add an answer