Can Medi-Cal Make A Claim Against Your Estate?

If you are a resident of the state of California, it is important to know that should you or a family member received care as a Medi-Cal recipient, assets owned at the time of death will become subject a Medi-Cal estate recovery claim. But only up to the amount that would have been spent on the recipient after turning the age of 55 or long term nursing home benefits received at any age.

There are some exceptions, but the best way to avoid such a claim would be to set up an irrevocable trust that is specifically designed to avoid this type of estate claim. Doing this could make it so The California Department of Health Care Services doesn't get a penny from the estate, but all the trust documents and corresponding funding deeds will have to be provided. Using a revocable trust just isn't going to cut in this case, so make sure you plan accordingly.

Dealing with trusts for health care costs and issues is a difficult task, but using a professional estate litigation Attorney will make it easier by miles.

*This blog entry was not written by an Attorney and should not be constituted as professional legal advice.

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