Are assets of an estate with a revocable trust protected from medicaid?

UPDATED: Sep 30, 2022

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Are assets of an estate with a revocable trust protected from medicaid?

My wife is trustee and 100 beneficiary
of her mom’s estate. PA sent a form
regarding her assets to determine
whether she will need to pay the state

Asked on February 5, 2017 under Estate Planning, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, they are not protected. Because a revocable trust can be, as the term implies, revoked at any time, Medicaid considers the assets to be effectively still under the control the person who set up the trust. (She can take the assets back at any time by revoking the trust; therefore, they are basically always hers.) Medicaid will count the assets in a revocable trust, and can potentially reach them if not spent for medical or nursing home care.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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