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Loren, Attorney
Category: Estate Law
Satisfied Customers: 30232
Experience:  30 years experience in the practice of estate law.
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My husband is in a nursing home and i would like to know if

Customer Question

my husband is in a nursing home and i would like to know if medicade can take our home for payment as it is in a inrter vivos living trust?
JA: Okay, I'll connect you to the Lawyer to go over that cost with you. Before I do, is there anything else you want the lawyer to know?
Customer: my husband and my name is ***** ***** trust. thats all.
Submitted: 2 months ago.
Category: Estate Law
Expert:  Loren replied 2 months ago.

Good afternoon. I am Loren, a licensed attorney, and I will be assisting you.

Which state? Has your husband qualified for medicaid? Is the trust a simple revocable grantor trust?

Customer: replied 2 months ago.
mn.yes he has qualified for medicare. the trust is a inter vivos trust
Customer: replied 2 months ago.
please cancel this inquiry. thank you
Expert:  Loren replied 2 months ago.
Thank you for the additional information. Unfortunately, a revocable trust will not protect a horse from a Medicare lien. However, the lien will not be enforced while your husband is living or a surviving spouse is occupying the house.
Expert:  Loren replied 2 months ago.
I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

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