Q: Can a couple put a house in a irrevocable trust and then, within months, collect Medicaid in New York State?
The husband had a stroke and is on disability. He wants to put his house, co-owned with wife , in an irrevocable trust for his children. He is then going to receive Medicaid to pay for his maintenance in an assisted living institution. Is the house protected from the liens or other governmental actions?
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A: Yes. However, the law is scheduled to change shortly. Right now there is no look back period for Medicaid involving assisted living. After October 1, 2020 there will be a look back period. The transfer needs to be done quickly and properly.
A: If the trust was correctly created, and thus he no longer owns the property, but it is revocably going to his heir, then YES, he should qualify.
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