My moms deed was written in 2011, can it changed to an irrevocable trust now in 2014 without Medicaid problems?


The deed on my moms house is written as “tenants in common” to all her children. It was written up in 2011 like that. She wants an irrevocable trust written now on the deed. So that, if she goes into a nursing home, then Medicaid can’t take it. Can that be done without a problem if she goes into a nursing home within 5 years? or since it was written in 2011, does it look fishy to redo it in 2014?


Your question implies that your mother deeded all of her ownership to her children in 2011. If that is so, she is about half-way through the look back period for Medicaid. The children have an option of creating a trust for your mother. This is called a third party trust. The trust beneficiary can be your mother. As long as the Trustee is not required to distribute the trust property to your mother, the trust will not be a countable asset if she needs to apply for Medicaid. This action will not extend the look back period for your mother .

If your mother retained a tenant in common interest with her children, then she has a right to be concerned. MassHealth will not force her to sell her home while she is living but will place a lien on the property and collect after your mother’s death through the probate process.

You will need to consult a Medicaid attorney in your area.

Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice. Circular 230 Disclaimer: Any information in this answer may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

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