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socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 38802
Experience:  Attorney and Real Estate broker -- Retired (mostly)
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How do I avoid seizure of property by the "Medi-Cal Estate

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How do I avoid seizure of property by the "Medi-Cal Estate Recovery Program"?
Reference the doc. DHCS 9060 (Rev 02-15).

Hello,

Is the Medi-Cal participant living or deceased?

Customer: replied 3 months ago.
Living, 52 years old. Disabled since 2007.
Customer: replied 3 months ago.
I understand some people transfer property to a trust, but medi-cal is aware of this tactic and puts restrictions on it.

Hello,

I am a member of the State Bar of California, the Bar of the U.S. District Court for the Central District of California (San Luis Obispo, Santa Barbara, Ventura, Los Angeles, Orange, San Bernardino, Riverside Counties), and the California and National Associations of Realtors.

Please give me a few minutes to review your question and respond. Thanks in advance for your patience.

Okay, I'm back. I just needed to check the current laws to see if there's been any changes.

California Department of Health Care Services regulations provide: "Where the decedent made an irrevocable transfer of a remainder interest in property with a retained life estate, the Department's claim shall not apply against the life estate or the remainder interest."

So, the solution is to place substantially all of your assets into your home, by either paying down the mortgage or making improvements, and then grant a retained life estate deed to one or more of your beneficiaries (children, spouse, friends, etc.).

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socrateaser and 2 other Real Estate Law Specialists are ready to help you

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

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Customer: replied 3 months ago.
I gave you 5 stars. Did that not come through?

Yes, I received your rating, thank you!

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