Is a home owned by a deceased spouse’s Trust, subject to Medicaid application for the remaining spouse?

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Is a home owned by a deceased spouse’s Trust, subject to Medicaid application for the remaining spouse?

Is that considered a “non-countable” asset?

Asked on December 12, 2012 under Estate Planning, Ohio

Answers:

Victor Waid / Law Office of Victor Waid

Answered 8 years ago | Contributor

Probably not. Suggest you go to the California agency that administers medicaid under our term Medical, and or look in the google directory to find the answer. There are many good sites that can answer your question definitely, but it my impression Medical will not take your half of the value of the house, and maybe none of it.

Catherine Blackburn / Blackburn Law Firm

Answered 8 years ago | Contributor

I see that the person who asked this question lives in Ohio.  Each state has its own rules for Medicaid eligibility, and those rules are complicated.  Fortunately, Elder Law attorneys deal with the rules and help people become eligible for Medicaid every day.

I assume you are inquiring about nursing home benefits for the remaining spouse.  Whether the home will be considered an asset depends on the way the trust is written.  I suggest you consult an Elder Law attorney in your area so that he or she can review the trust and advise you with a good level of certainty.

In general, if the home constitutes the home of the remaining spouse, it probably does not count as an asset.  Alternatively, if the trust makes selling the home and taking the proceeds "unavailable" to the remaining spouse, it is not counted. 


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