Is a Revocable Trust the Answer to Medicaid Protection for Your Home?

When it comes to estate planning, one of the most pressing concerns for many Florida residents is ensuring that their hard-earned assets, including their home, are protected from potential Medicaid claims. As healthcare costs rise, particularly for long-term care needs, many people wonder whether a revocable living trust can be the solution to safeguarding their property from Medicaid’s “estate recovery” process. At Carryl Law Firm PLLC, we understand how critical it is to make informed decisions about your estate plan—especially when it involves protecting your home from Medicaid liens or claims.

In this article, we’ll explore whether a revocable living trust can effectively protect your home from Medicaid recovery, as well as alternative strategies that may be more suitable for Medicaid planning.

What is Medicaid Estate Recovery?

Medicaid is a federal and state program that provides health care coverage for low-income individuals, including long-term care services like nursing home care. In Florida, as in many other states, Medicaid may attempt to recover the costs of long-term care services from the estate of a Medicaid beneficiary after their death. This is known as estate recovery.

If you are receiving Medicaid benefits for long-term care, Medicaid may place a claim against your estate, including your home, after your passing. This can result in the sale of your home or other assets to reimburse the state for the care provided. For many individuals, protecting their home from such a claim is a key priority when planning for long-term care needs.

Can a Revocable Living Trust Protect Your Home from Medicaid?

A revocable living trust is a popular estate planning tool that allows you to transfer assets into a trust during your lifetime, with the flexibility to modify or revoke the trust at any time. While revocable trusts offer many advantages, including avoiding probate and maintaining privacy, they do not provide protection from Medicaid estate recovery.

Why a Revocable Trust Doesn’t Offer Medicaid Protection

When you create a revocable living trust, you still retain control over the assets placed within it, including your home. This means that even though the property is titled in the name of the trust, it is still considered part of your estate for Medicaid purposes. Because you have the ability to alter or revoke the trust during your lifetime, Medicaid will view the property as if you still own it outright.

As a result, if you receive Medicaid benefits for long-term care and are subject to estate recovery, Medicaid will still be able to claim your home after your death, as the assets in a revocable trust are not protected from recovery.

What Are the Alternatives for Protecting Your Home from Medicaid?

While a revocable living trust may not offer Medicaid protection, there are alternative strategies that can help safeguard your home from Medicaid estate recovery. These strategies generally involve irrevocable trusts or other planning techniques that prevent Medicaid from viewing the property as part of your estate.

Irrevocable Trusts for Medicaid Planning

An irrevocable living trust can provide better protection for your home when it comes to Medicaid. Once assets, including your home, are transferred into an irrevocable trust, you no longer have control over those assets. This means Medicaid will not consider them as part of your estate for purposes of recovery, provided that certain requirements are met.

However, Medicaid has a look-back period—currently 5 years in Florida—during which it examines any transfers of assets to determine if they were made to avoid estate recovery. If you transfer your home into an irrevocable trust within the look-back period, Medicaid could penalize you by denying Medicaid benefits for a period of time. Therefore, it’s important to plan ahead and make these transfers well before you need Medicaid assistance.

Medicaid Asset Protection Trusts (MAPT)

A Medicaid Asset Protection Trust (MAPT) is a specific type of irrevocable trust designed to protect assets from Medicaid estate recovery. When you place your home into a MAPT, you give up ownership of the property, which helps shield it from Medicaid’s recovery process. However, you must meet the same 5-year look-back rule mentioned earlier.

In addition to protecting your home, a MAPT allows you to retain some control over the property by naming a trustee who manages it for your benefit. You can still live in the home, and the property may even be sold if needed, but the proceeds will be subject to the terms of the trust.

Transfer of Property to Family Members

Another option to consider is transferring the ownership of your home to a family member or trusted individual. This can help remove the property from your estate, but, like the irrevocable trust, it is subject to Medicaid’s look-back period. If you transfer your home within 5 years of applying for Medicaid, you may face a penalty period during which you are ineligible for benefits.

Transferring your home can have unintended consequences, so it’s important to carefully consider whether this strategy is right for you and consult with an attorney before taking any action.

Homestead Exemption in Florida

In Florida, the homestead exemption offers some level of protection from creditors and estate recovery. If the property is your primary residence and you are the owner, Medicaid may not be able to recover the value of the home if certain conditions are met. However, this exemption is limited and will not prevent Medicaid from recovering costs if your home is sold after your death.

Long-Term Care Insurance

While not directly related to estate recovery, long-term care insurance can provide a valuable strategy for covering the costs of nursing home or assisted living care without relying on Medicaid. If you are able to plan ahead and purchase a policy, you may be able to avoid Medicaid altogether, thereby eliminating the need to worry about estate recovery in the first place.