What to do about the 5-year lookback rule regarding Medicaid?

A husband lives in own home with no liens. The wife is in a nursing home on Medicaid. The husband probably to go assited living eventually. Their total assets are under $400,000. Should the house be put in Trust to protect it from Medicaid or is it too late?

Asked on February 19, 2013 under Estate Planning, Massachusetts


Catherine Blackburn / Blackburn Law Firm

Answered 7 years ago | Contributor

Consult an Elder Law attorney about this.  The Medicaid rules are controlled partly by the federal government and partly by the states.  Placing a home in a revocable trust does not make it an exempt asset for Medicaid purposes and could actually be detrimental to Medicaid planning.  The husband has sufficient assets to justify a plan designed accurately and appropriately by an Elder Law attorney in your area.  He deserves this kind of careful planning.

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