How to choose a nursing home

Attorney's that might be able to help you and more information

Lentillem Law Site


Elder law-

Attorney -

Susan Geffen Esq Torrance, CA - Informative seminars, we've attended 

Medicaid - Attorney Training 

We don't necessarily know these attorneys, they just appear to have very informative websites

Strategic Planning
Nursing Home Benefits & Planning

What type of trusts can protect family assets?

The creator of a trust can retain the income and life use of assets contributed to an irrevocable living trust (ILT). Assets transferred to an ILT are subject to a 60-month look-back rule under Medicaid.

Yes, this is all VERY confusing and complicated. 
California Medi Cal is 30 months… 
So, it might be best to use an attorney to set up and check over your final plans and documents.

Because of the retained life interest under IRC section 2036, the trust property will receive a stepped-up income tax basis upon the death of the creator.

The 60-month look-back period applies to assets transferred to and from any type of trust. An individual with a revocable grantor trust should first transfer assets from this entity to her name before making gifts in order to have the shorter 36-month rule apply. With respect to trust disbursements of income or principal, any creditor ?steps in the shoes? of a beneficiary (i.e., to the extent that this individual is entitled to receive any benefits, so would the creditor). The Exhibit summarizes when income and principal from a trust can be considered as an available resource for Medicaid. This chart reflects that the look-back rules are not applicable to testamentary trusts, although a provision should be included that no benefits are payable to any beneficiary who otherwise would qualify for governmental benefits

gift in contemplation of death

n. (called a gift causa mortis by lawyers showing off their Latin), a gift of personal property (not real estate) by a person expecting to die soon due to ill health or age. Federal tax law will recognize this reason for a gift if the giver dies within three years of the gift. Treating the gift as made in contemplation of death has the benefit of including the gift in the value of the estate, rather than making the gift subject to a separate federal gift tax charged the giver. If the giver gets over an apparently mortal illness, the gift is treated like any other gift for tax purposes.

See also: gift tax unified estate and gift tax


Medi-Cal FAQ’s – only 30 month look back in CA


Related Pages in  Medi Cal – Estate Recovery » Medi-Cal Qualification – Nursing Home  Section

2 comments on “Advance Strategic Planning – Medi-Cal

  1. I getting a divorce and my x spouse has a chronic debilitating illness.

    Is my share of the equity in the family home subject to Medi Cal recovery?


      The general rule is that there must be an “equitable distribution” of the assets and income of the couple.

      Divorce: Allows a married couple to divide their assets equally. Thus, the at-home spouse can keep half of the property outside the reach of Medi-Cal. (This makes sense (if at all!) only for persons with substantial assets or for an at-home spouse with substantial separate property in a new marriage.)

      Transferring assets to certain recipients will not trigger a period of Medicaid ineligibility even if the transfers occurred during the look-back period. These exempt recipients include the following:

      A spouse (or a transfer to anyone else as long as it is for the spouse’s benefit)
      A blind or disabled child
      A trust for the benefit of a blind or disabled child
      A trust for the sole benefit of a disabled individual under age 65 (even if the trust is for the benefit of the Medicaid applicant, under certain circumstances).

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