Convoluted Sell of parent's house which is in MAPT

Rob1

New Member
Jurisdiction
Georgia
Hi,
We are trustees of Medicaid Asset Protection Trust created for out mother more than 5 years ago. She will be moving into an apartment built as an addition to my sister's home. We have used money from our mother's assets outside the trust to make a down payment, and for the final payment, we will use money from sell of current house (the house being owned by the trust) to make the final payment for apartment. My questions are:
1) Is the down payment from her personal assets for apartment allowed toward "spend down" to qualify for Medicaid?
2) After Mom uses home care Medicaid services and has passed away, can Medicaid come after that portion spent for down payment under MERP?
3) When her house is sold, do we, as trustees sign the papers, or does Mom, even though the house is in name of trust?
4) When she has new apartment built, does she have to have a new trust created to protect the apartment from MERP?
5) Or can we consider the apartment addition to the house as belonging to my sister and therefore safe from MERP?

We tried to contact the lawyer who drafted the trust 7 years ago, but he does not respond after several attempts, so we could use some legal help. Thank you.
 
Hi,
We are trustees of Medicaid Asset Protection Trust created for out mother more than 5 years ago. She will be moving into an apartment built as an addition to my sister's home. We have used money from our mother's assets outside the trust to make a down payment, and for the final payment, we will use money from sell of current house (the house being owned by the trust) to make the final payment for apartment. My questions are:
1) Is the down payment from her personal assets for apartment allowed toward "spend down" to qualify for Medicaid?
2) After Mom uses home care Medicaid services and has passed away, can Medicaid come after that portion spent for down payment under MERP?
3) When her house is sold, do we, as trustees sign the papers, or does Mom, even though the house is in name of trust?
4) When she has new apartment built, does she have to have a new trust created to protect the apartment from MERP?
5) Or can we consider the apartment addition to the house as belonging to my sister and therefore safe from MERP?

We tried to contact the lawyer who drafted the trust 7 years ago, but he does not respond after several attempts, so we could use some legal help. Thank you.
Frankly, your matter is too important to rely on advice from internet forums. You need to speak to a specialist in these matters who can review all of the relevant information and give informed, reasoned advice.
 
Frankly, your matter is too important to rely on advice from internet forums. You need to speak to a specialist in these matters who can review all of the relevant information and give informed, reasoned advice.
Thanks Zigner. I just joined, so didn't know if attorneys specializing in elder and trust law answer on this forum or not, but was hoping so. I assume only knowledgeable lawyers would tackle the questions and not guessers. If we can't get satisfactory answers, we will have to find another attorney.
 
Thanks Zigner. I just joined, so didn't know if attorneys specializing in elder and trust law answer on this forum or not, but was hoping so. I assume only knowledgeable lawyers would tackle the questions and not guessers. If we can't get satisfactory answers, we will have to find another attorney.
To be clear, even if one (or more) attorneys who specialize in estate planning, etc., were to answer you on this (or any) internet forum, they would only be able to provide very general information and not information based on your actual situation.
 
To be clear, even if one (or more) attorneys who specialize in estate planning, etc., were to answer you on this (or any) internet forum, they would only be able to provide very general information and not information based on your actual situation.

I do realize that, but general answers are a place to start. I am researching attorneys in my mother's area to get into specifics. Thanks
 
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