Golden Law Center
200 Highland Ave, Suite 302, Needham, MA 02494
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MassHealth rules create exceptions to the rules for gifts. These exceptions include:
The answer depends on the kind of trust. The house is considered an available (or countable) asset if it is in a revocable (or “living”) trust or a nominee trust. The only way to protect it would be to take it out of trust and transfer if to the nursing home resident or her spouse or to a child under 21 or permanently disabled child or to a sibling who has lived in the property for at least one year prior to admission to the nursing home and has an ownership interest in the property.
If the house is in an irrevocable trust, it may still be considered a countable asset unless the transfer happened at least five years before the requested start date for benefits and the irrevocable trust meets the very stringent MassHealth guidelines.
Our attorneys will look over any trusts you may have as part of the MassHealth planning or application process and will advise you about the issues raised by any trusts you may have.