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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 118783
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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Thank you answer, but I think there might be a little more

Customer Question

Thank you for your answer, but I think there might be a little more to it, Should my mother be placed in a Assistant living, and MediCad is called upon, My understanding is Medicade could make claim on the estate, we have talked about Lady Bird Deed, but
I would think a Irrevocable trust, taking the assists out of the estate..... My mother has assets of about 300,000 and liguateable assets of about 80,000, Your thoughts on this ?
Submitted: 2 years ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 2 years 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.

Should your mother be placed in long term care and need medicaid, they will look back for any transfers within the last 5 years prior to her applying. An irrevocable trust is the absolute best solution in these cases, because it protects her assets from all possible creditors including medicaid. The irrevocable trust also eliminates the need for probate and can direct how all assets will be distributed at death without any probate court action. They have enough in assets that the irrevocable trust would be best to protect them and to leave their money out of being taken by medicaid or any nursing home and preserve it for their heirs.