Are you worried that the government might “take the house” if your parent ever needs nursing home care? A listener named Eileen is facing this exact question, and her son-in-law thinks a trust is the answer. But is it?

In this episode, Jill unpacks how Medicaid works, what a Medicaid Asset Protection Trust actually does, and why good estate planning starts with the person at the center, not just the property. 

This episode is a must-listen if you’ve ever panicked about Medicaid’s five-year lookback or felt pressure to “act fast” without knowing what you're really signing up for.

Listen to learn:

• What Medicaid is, and how it differs from Medicare
• What it actually means for the government to “take the house”
• What Medicaid Estate Recovery is and how it plays out in real life
• How a Medicaid Asset Protection Trust works (and when it might backfire)
• What the five-year lookback is and how the penalty period is calculated
• Why giving away control could cause more problems than it solves
• The question every family should ask: Does this plan serve the person at the center of it?
• What to consider before putting your parent’s house in a trust

Resources & Links

• Episode 10 of The Death Readiness Podcast: How to Start the Senior Care Conversation
• Episode 19 of The Death Readiness Podcast: Why You Need (or Don’t Need) a Trust
• U.S. Department of Health and Human Services 2019 Research Brief: What Is the Lifetime Risk of Needing and Receiving Long-Term Services and Supports?

Connect with Jill:

• Website: DeathReadiness.com
• Email: [email protected]
• Subscribe to receive news and updates.
• Love this episode? Please rate and review in the Apple podcasts app!
• Submit a question for Tuesday Triage!

This podcast provides estate planning guidance for women and discusses real, practical issues, from caregiving, pre-planning a funeral, how to avoid probate using beneficiary designations, planning for individuals with special needs (and special needs trusts), whether you need a professional fiduciary (trustee or executor), how the estate tax works and how to preserve your legacy.

Tuesday Triage episodes answer questions from listeners like you, from powers of attorney, healthcare advance directives (and whether they work when you’re pregnant), what a Last Will and Testament really is, whether you need a trust, how Medicaid works and how to have senior and elder care conversations and how to care for aging parents.

Disclaimer: This podcast and all related content are for educational purposes only and do not constitute legal advice. No attorney-client relationship is established here. Use of this information without careful analysis and review by your attorney, CPA, and/or financial advisor may cause serious adverse consequences. For legal guidance tailored to your unique situation, consult with a licensed attorney in your state.