How Do I Protect My Home from Medi-Cal Recovery? |

Did you know that the government can demand payment from your estate if you're a Medi-Cal recipient and you pass away? Don't let the state take away your kids' inheritance.
On Episode 4 of The Ask Amity Show, our estate planning attorneys discuss how Medi-Cal estate recovery works. Learn how to avoid Medi-Cal recovery and the best way to pass on your home to your loved ones.
Amity Law Group, LLP
3733 Rosemead Blvd, Suite 201
Rosemead, CA 91770
511 E 1st St., Suite H
Tustin, CA 92780
[phone]
[e-mail]
www.amity-law.com
DISCLAIMER:
The materials contained in this video is provided solely for informational purposes and is considered attorney advertising. The information is not intended to create, and receipt of it does not constitute, an attorney-client relationship between you and Amity Law Group, LLP or any of its attorneys or an offer to create such an attorney-client relationship. The information contained herein is not guaranteed to be correct, complete or up-to-date. It should NOT be relied upon or construed as legal advice. You should not act or elect not to act based upon this information. Please do not send or communicate information to us that you consider confidential without first obtaining 1) a written statement from us that we represent you, or 2) permission from one of the firm’s attorneys to provide confidential information to us relating to a particular matter. Any testimonial or endorsement does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

[@paulawhitehead7321]

Oh wow. This is great. Thanks for the information.

[@borntolove9376]

Great information to know. That’s what my mom did signed it over to my sister and then she wanted her home back and my sister would not give her home back to her as planned.

[@dmunozdesigner]

Extremely critical advice, thanks for sharing this info freely. It's an atrocity to think one works so hard for everything to be taken away insistently when people without homes are helped without Judgement. Good this new law was implemented.

[@QPSbatch92]

How about ROTH IRA ? Is Roth IRA can be protected too if is in Living Trust Revocable? Thank you

[@cheweyboy42985]

Is still relevant to now and how does the potential new law in 2024 changes this. Also is it better to leave it in a revocable living trust or should it be placed in a irrevocable trust

[@mariavillanueva7336]

My parents have been on medical, medicare benefits for over 15 years. We are just now finding out the recovery method of benefits for medical. This wasn't explained to them in detail and we didn't quite understand the process. I now want to put their assets in a living trust to protect the medical recovery and keep the home for the inheritance as they have planned. Is this too late now to do a living trust? And will this protect the assets, especially the home from the recovery?

[@marcoscaligaris3110]

Thanks for the advise, a constructive criticism, please lower the background music a bit. :)

[@AmityLawGroup]

Hello Marcos! Thank you for your feedback. We have passed this message along to our production team and will make adjustments for future videos.

[@jennervacationrentals993]

Thank you. I'll take your advice. There are many form free online. What do you charge to review a living trust.

[@gofasterwithcase]

what if you are the beneficiary and you were on medi cal?

[@AmityLawGroup]

Thank you for your comment! For a more detailed explanation for your situation, feel free to reach out to our office for a free 20-minute consultation. You can contact us at [phone] or email [e-mail]. Best, Karen

[@beverlydahlberg1980]

The background music is so loud and distracting that I had a tremendous amount of difficulty hearing and or understanding what the three of you were saying! I had to watch Video 3 times to get all the great information you gave! PLEASE edit your much needed and informative Video!!! Preferably stop!! Music completely or at least lower the volume!! Thank you! I hope you consider getting rid of the annoying and unnecessary back ground music! IT IS MUCH!! Louder than your voices!!!! Thank you! God Bless!!

[@lolamoe574]

my parents have one home and I do have my name on the deed but Iam NOT on the Mortgage loan. I also do IHSS for them and get paid. When they die does IHSS have to be paid back out of there Estate? Or should I just buy there home so I don’t have to worry about paying anything?

[@mariamendoza5603]

Where do I go to get waiving trust and put my ho ugh se in it since I tecei e medi-cal, but my house is.probably listed as 165,000-180,000

[@mikechun4734]

Wait weren't Medi-cal clawbacks prohibited recently?

[@pjwoo276]

would my home and assets need to be put into a living trust BEFORE applying for medical assistance or could that be set up afterwards

[@tierrydomond210]

This is so edifying. Thanks a million, guys. I hope I can afford what you charge for a trust. I definitely want you to draft my trust.

[@robertasandoval4891]

My aunt transfered title to my cousin (adult son) about 2 or 3 yrs ago. Now, my aunt needs IHSS so my cousin likes to apply for medi-cal for her to get IHSS. If she is approved for medi-cal will that affect the property? Will medi-cal be able to recover what was paid by medi-cal after she passes?

[@robertasandoval4891]

What is my ex husband who O sponsored was on medi-cal? Can medi-cal seek recovery from me?

[@csreder4200]

Can the home be Trusted to a partner of 25 years, without Medi-cal recovering the debt?

[@TheMeme191]

Does transfer on death protect from state recovery?

[@-_-_-_-_-_-_-_-_-_-_-_-...]

why not do it before? I'm curious, but interesting question!

[@ghostrider993]

Do you have a recommendation for a attorney in CA 94531 area?

[@sabby559]

If my uncle passed away, and his only for sure next of “blood” kin is his sister, how can she find his will? Plot twist, a secret (maybe) love child came out of nowhere and is claiming to be his son, didn’t inform us or anyone of my uncles passing & took it upon himself to appoint himself as administrator over everything my uncle has. Long story short, this supposed son was burning legal documents in my uncles back yard (we think he was destroying all evidence of my uncles will that my uncle said he had). It gets even more interesting, when we called that supposed sons lawyer who helped him takeover my uncles estate, the receptionist let it slip that my uncle indeed in-fact DID have a will there at the office and that she’s very familiar with my uncles case. So we hire a lawyer to contact That lawyer to officially request a copy of that will and the lawyer is pretending like he doesn’t have it (when his receptionist said he had a will and other assets) what can be done to find the will? And is it illegal for a lawyer to hide a will for their client? In this case, he’s hiding the will for my uncles supposed son cause there’s plenty of $ and property involved? We think the lawyer is covering for the son cause the lawyer wants a cut of a very lucrative estate. How can we find a will if the son destroyed all papers in my uncles house and his lawyer is hiding a will from us? This is in California by the way.

[@tinavolpe-avalos2835]

My dad has a living trust. He isn't on Medi-Cal. I'm his daughter and I am on Medi-Cal. Can the state take my share of the house when after my father passes and we want to sell the house?

[@Sherry85615]

How can I avoid Medi-Cal recovery at the time of sale?? I want to use the equity for another lower cost property that would allow me to live the remainder of my life without debt.

[@longtruong6527]

uh.. I mean... Magi Medi-cal does not apply to estate property.

[@lananclark6027]

Great info. Thanks so much for your video.

[@longtruong6527]

Hi, all. There is a Magai medical that does apply to estate property, right?

[@ChrissyTakesOnLife]

Hi. My dad is on medi-cal share of cost fir his long term care. Both of us are on the deed. When he passes away can they take the house even though I’m on the deed as wel? Thank you in advance.

[@AmityLawGroup]

Hello, Thank you for your question! This would depend on how the property is held between you and your dad. If you would like to consult with one of our attorneys about your matter further, feel free to contact our office at [phone] or email [e-mail] to schedule a consultation. Best, Karen

[@mychevysparkevdidntcatchfi1489]

How do you find out what is owed in recovery? There doesn't seem to be any way to find out.

[@AmityLawGroup]

Hello! Thank you for your comment. You would need to contact Medi-Cal to find out more information.

[@mychevysparkevdidntcatchfi1489]

@@AmityLawGroup I went local HHS office, and they didn't know and weren't helpful at all in finding out. I'm wondering if this could be a case for class action against the state to force transparency.

[@michaelmeichtry316]

According to Medi-Cal documentation, a person may at any time request the current amount of "debt" incurred for expenses paid by Medi-Cal, in order to keep a running total. Also, after a person has passed, Medi-Cal sends a form to the estate's trustee/executor, who can then return a letter describing any mitigating circumstances, etc. After my companion passed away, for example, Medi-Cal sent me the same letter, even though my companion received no Medi-Cal benefits. I returned a letter confirming the information. Even if the decedent did receive Medi-Cal benefits, I believe you can send them a "hardship" letter or other documents which may lessen any amount of Medi-Cal debt incurred. Being a typical government program, with persistence you can often work with them to generate a better outcome... just takes some effort (and a lot of patience), since the gears of government turn slowly, especially during this Covid-19 era.

[@bblack9240]

We did the living Trust to avoid Medical Recovery, but our lawyer said it would take 5 years for it to be effective. Is this true?

[@tinhtran8461]

I live in Pennsylvania, do you take clients from outside of Ca?

[@AmityLawGroup]

Hello Tinh, Thank you for your comment! Unfortunately, our attorneys are only able to practice in the state of California. You can seek an attorney near you to consult about your legal matter. Best, Karen

[@robertasandoval4891]

I need a will or trust soon. How much do you charge? How can I meet with you

[@AmityLawGroup]

Hello Roberta, Thank you for your great question! We welcome you to contact our office at [phone] or [e-mail] to schedule a free 20-minute consultation with us. Our office hours are Monday to Friday, 8:00 a.m. to 6:00 p.m. Best, Karen

[@WDavid-bm9jd]

3 smart guys🌹

[@kimbui6267]

What trust are you taking about? Irrevocable Trust or revocable Trust? Revocable Trust is still considered assets. Therefore medi-cal recovery can put a lien on it.

[@AmityLawGroup]

Hello Kim. Our attorneys can help further clarify your questions during a free 20-minute initial consultation. Please contact us at 626-307-2800 or email [e-mail]. We look forward to hearing from you!

[@GregoryMorales-uo6ze]

No they wouldn't because as of sometime in 2017 they passed a law that would allow someone on Medical to have a revocable living trust and none of the assets in the trust can be recovered if that person passes away like a house or car for example since the person included them in their revocable living trust for their kids or spouse. It's a new law that passed a few years ago and allows Medical families a piece of mind.

[@michaelmeichtry316]

@@GregoryMorales-uo6ze Yes - this 2017 law is a boon for Californians who create a living trust. In most other states, only an Irrevocable trust will protect a property from the Medicaid recovery program. Furthermore, in every other state the Medicaid "look-back" eligibility period is 5 years, but with the 2017 California law it was reduced to 2-1/2 years. So, as soon as the revocable living trust becomes active, after 2-1/2 years the owner(s) of a property can become 100% eligible for Medi-Care without incurring recoverable Medi-Cal debt. Of course other requirements may also need to be met to be Medi-Cal eligible, such as bank assets, stocks, etc. Also, the 2-1/2 year look-back period is on a sliding scale. For example, if a spouse needed to enter a nursing home, and one year of the look-back period remained, then the person would need to pay out-of-pocket for that last year before the Medi-Cal benefits could be tapped into. Hence, as soon as the trust is set up the clock starts 'ticking.' In summary, one should not create a Medi-Cal living trust provision a week before grandmother or grandfather needs to enter a nursing home or assisted living facility. The trick is to "plan ahead" to avoid financial and psychological pain.

[@-_-_-_-_-_-_-_-_-_-_-_-...]

question: What's the pitfall of transferring the property to your kids if you trust them 100% not to kick you out and once they receive the property, they place the home under a trust or something to prevent someone from suing and taking the property?

[@AmityLawGroup]

Hello, Thank you for your question. This is a question that can be further discussed and addressed during a free 20-minute phone consultation with our attorney. You can contact our office at [phone] or email [e-mail] to schedule your appointment with our team today. Best, Karen

[@dasdasfasfasf7120]

Does this trust work in texas and or las vegas nevada

[@AmityLawGroup]

Hello, Thank you for your comment! Unfortunately, our attorneys are only able to practice law in California. If you need assistance with setting up an estate plan in Texas or Nevada, please seek an attorney in those respective states. Best, Karen

[@michaelmeichtry316]

California has the most progressive/beneficial Medi-Cal living trust provisions in the nation (from what I've read). So, that's at least one good reason to remain in the Golden State. 🌉🌞

[@peterkwong6201]

Thanks your advice, the video background music too loud , and all of your speech too fast, differcult to hear.

[@fabimedrano2980]

Hi I would like to know if Medical will take away properties from another country? My dad recently applied for medical but he is worried that they will take away his house in Mexico. Can they?

[@emelynelgarico8898]

As far as I know , it’s not under their jurisdiction so I don’t think they can take that away from him . Correct me if I’m wrong . Ty

[@susanalcaraz1986]

I am almost 55 & have gotten the letter of property recovery. Now if i put my house on a living trust my SSI will be effected rite?

[@susanalcaraz1986]

Hope u reply soon

[@AmityLawGroup]

Hello Susan, Thank you for your question. This would depend on your situation. Our attorneys would be happy to further discuss with your during a free 20-minute phone consultation. You can reach our office at [phone] or email us at [e-mail] to schedule an appointment today. Best, Karen