If my mom is getting older and we are afraid that if she has to go into a home the government will take her money and her house, can she put the house into a living Trust?

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If my mom is getting older and we are afraid that if she has to go into a home the government will take her money and her house, can she put the house into a living Trust?

It would be for the benefit of for my and my sister. If she does this, could the government still get at it?

Asked on June 11, 2015 under Estate Planning, New Jersey

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You are dpoing a little estate planning and that is a great thing.  But please, seek legal help. Generally, the person creating the trust - your Mom - would have to relinquish control so the trust would have to be "Irrevocable." But drafted properly it would protect the asset from a medicaid lien.  Good luck.


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