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CalAttorney2
CalAttorney2, Attorney
Category: Estate Law
Satisfied Customers: 10238
Experience:  Civil litigation attorney for individuals and businesses.
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I have been reading on some of the laws in place if you were

Customer Question

Hello My name is*****
I have been reading on some of the laws in place if you were to give your home to your oldest child 5 years prior to needing long term care. It states the child must have lived in the home 2 years prior. My husband is 65 good health and I am 56. How do we protect all that we've worked for before the government would take it from us if we ever needed long term care. Please any advice would be most helpful.
Mary
Submitted: 3 months ago.
Category: Estate Law
Expert:  CalAttorney2 replied 3 months ago.

Hello, My name is ***** ***** I will assist you today. Please give me a few minutes to write a response and identify any additional resources for you.

Expert:  CalAttorney2 replied 3 months ago.

Dear Customer,

I believe you are referring to Texas Medicaid's "clawback" provisions (similar provisions are in other states as well). What this does is it allows the government to recover funds that they actually expend on your behalf to pay for your long term care (so this really isn't a case of the government taking your money, it is you receiving care paid for by the government, and the government being permitted to place a lien against your home which partially compensates taxpayers for the cost of longterm care, which is not collected or enforced until both spouses are no longer living in the home).

See: https://www.dads.state.tx.us/services/estate_recovery/

BUT, IN RESPONSE TO YOUR QUESTION

It is possible to transfer assets greater than 5 years/60 months prior to the state providing benefits and avoiding this lookback/clawback.

If you want to do this properly (and I highly recommend doing it this way if you hope to avoid the government's reimbursement), I would contact a trusts and estates attorney to help you set up your transfers and establish an appropriate set of testamentary documents (wills or trusts) for each of you (if you are already transferring your real property, you can usually use a simple will to transfer the remainder of your assets).

Expert:  CalAttorney2 replied 3 months ago.

There is no requirement that the grantee reside in the property.

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