Are assets of an estate with a revocable trust protected from medicaid?
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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
back.
Asked on February 5, 2017 under Estate Planning, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 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.
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