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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111501
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My dad is 82 and in poor health, currently moving back and

Customer Question

My dad is 82 and in poor health, currently moving back and fourth between the hospital and nursing home. His home is now in a trust but he has cash that is exposed. Just wondering if it is too late to protect his cash assets.
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: MA
JA: Has anything been filed or reported?
Customer: Meaning??
JA: Anything else you want the lawyer to know before I connect you?
Customer: only that his cash assests have been moved out of this name, but I assume still exposed considering the 5 year look back
Submitted: 1 month ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you are seeking to get medicaid, yes it is too late to move assets because of the 5 year look back period. So If he is now at the point where he will need medicaid for long term care, I am afraid he will have to spend down his cash assets before he would qualify. The home in trust is not the issue, as that is protected, but the cash will have to be spent on HIM, not gifted away, to spend it down. You can spend it on things like a prepaid burial plan or items needed for his convenience, like a new TV or things such as that to make him more comfortable.
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