Wading River, NY asked in Estate Planning and Elder Law for New York

Q: Hi....I became ill in 2015 and ended up with a Supplemental Needs Trust to help pay Medicare Premiums, I also have

medicaid for doctors. I own a Mobile Home in Calverton Meadows, when I pass will Social Security take my home for repayment? I have 2 daughters who help me (alot) and I hoped to leave it to them to sell when I pass. Thank you for any advice you give me. I only have a handwritten will , I live on Social Security and barely make it each month, but is there anything I can do.

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1 Lawyer Answer
James L. Arrasmith
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  • Estate Planning Lawyer
  • Sacramento, CA

A: Social Security itself does not typically take assets for repayment, but Medicaid can seek recovery from the estate of a deceased beneficiary under certain circumstances. Whether your mobile home would be subject to such recovery can depend on the state's Medicaid rules and the specifics of the trust. Supplemental Needs Trusts are generally designed to benefit the individual while preserving eligibility for public benefits, and the assets within the trust are usually not subject to Medicaid estate recovery.

However, since you own the mobile home and it is not in the trust, it may be considered part of your estate. It's important to have a properly executed will or to consider transferring the home into the trust, if permitted, to protect it from estate recovery. You may want to seek legal guidance to explore options like a Lady Bird deed or other mechanisms that can help ensure the home passes to your daughters without being subject to estate recovery.

Considering your financial situation, you might be eligible for legal aid or pro bono services in your area. They can help you prepare a formal will and advise on protecting your home from potential estate recovery.

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