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Is Changing a Revocable Trust into an Irrevocable Trust Subject to Medicaid’s Five-Year Look-Back?

Posted by Laura E. Stubberud | Apr 29, 2022 | 0 Comments

Yes. A revocable trust for both tax and Medicaid purposes is treated as if the property it holds is in the name of the grantor, which means the assets in the trust can put an applicant over the Medicaid asset limit. If you make the trust irrevocable, Medicaid will consider that the same as transferring assets into a new irrevocable trust. If your mom applies for Medicaid within five years, the transfer would be considered a transfer for less than market value and your mom might incur a period of ineligibility for Medicaid.

About the Author

Laura E. Stubberud

Laura Stubberud has over two decades of experience in the practice of estate and family law in Nevada. After graduation from UCLA, she studied law at Southwestern University School of Law , graduating in 1992. With over 25 years of practice in Clark County, Nevada, Ms. Stubberud has substantial e...


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