Can the state take property held in a revocable Trust?

UPDATED: Oct 1, 2022

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Can the state take property held in a revocable Trust?

For the last 8 years and since my father died, I have been living with my mother and taking care of her and her home/property. She now has dimensions and is 87 years old. Before dimensia occurred, she created a revocable Trust and put all her physical property in it to go to me when she dies. She also gave my brother the savings she has in her credit union account and my sister the money in her

checking account when she dies I am the power of attorney on these accounts until then. If at some point it is necessary to place my mother in assisted living, will the state expect her to deplete all of her savings. She receives a monthly survivor annuity from civil service and a little social security each

month to pay for the assisted living, and would her property in the trust be sold by the state to also pay for the assisted living or does the Trust keep these in place to go to her children as she set up 6 years ago?

Asked on March 10, 2018 under Estate Planning, Idaho


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Because a person can revoke, or undo, a revocable trust at any point, for many purposes it is still considered part of her assets--she still fundamentally has control over it and can take the money, real estate, etc. back if she chooses. Therefore, the assets in the revocable trust are assets which the state could seek recourse to (i.e. which she would be expected to use or deplete) pay for her assisted living.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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