Q: A parent is now receiving Medicaid. When that individual passes on can Medicaid take their home if they put their home in a revocable living trust?
A: If the home is subject to the claim, which could be for several reasons (in the recipient’s name, transferred without fair consideration within 5 years of application for benefits, no surviving spouse or eligible child living in the home), then yes. Generally, a revocable living trust will provide no protection from the claim. I would consult with an attorney regarding the specific facts.