Portland, OR asked in Estate Planning for Oregon

Q: I & my husband have put our home into a revocable living trust for our 2 adult children. We have so little income that

We could qualify for Medicaid if we claimed the property taxes that we pay, to be rent to our children. But since this is a REVOKABLE trust, can we do that legally?

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2 Lawyer Answers
Theressa Hollis
Theressa Hollis
Answered
  • Estate Planning Lawyer
  • Portland, OR
  • Licensed in Oregon

A: You’ll need to provide more information. Property taxes and rent are two different things. I recommend you schedule an appointment with an experienced Medicaid attorney.

Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Estate Planning Lawyer
  • Crossville, TN
  • Licensed in Oregon

A: No. For this purpose you and your revocable trust are considered one and the same, as if your trust did not exist, and you can't rent to yourself. There are better, more effective ways to achieve your goals but you must plan way ahead. See an elder law attorney.

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