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.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.