Oct. 15, 2024
Medicaid in Michigan: Why You Should Remove Your Home from Your Trust (Episode # 306)
Did you know? Removing your home from your trust might be necessary for Medicaid eligibility in Michigan. Listen to our latest episode for essential tips! #Medicaid #Michigan
Did you know? Removing your home from your trust might be necessary for Medicaid eligibility in Michigan. Listen to our latest episode for essential tips! #Medicaid #Michigan
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Well, good afternoon, michiganers. It is Tuesday, October fifteen, twenty
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twenty four, and this is of course Tuesday with Tom,
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Michigan's only weekly internet show where we do answer your
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questions about estate planning and a state settlement in Michigan.
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I'm your host, Tom Doyle, a state planning attorney, lifelong
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Michigan resident, and ambassador for all things good in this
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great state of Michigan. Welcome, Welcome, Welcome to today's program. Well,
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it's been a while since I've been with you. Spent
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a lot of time trying to enjoy the nice summer
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days here in Michigan. Obviously fall is now here. We
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all know that colors are changing, and we are back
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to begin another round of Tuesday with Tom episodes. Well,
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the last episode if you listen to it. If you didn't,
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I encourage you to. Does Michigan's uniform Power of Attorney
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law affect your power of attorney? I talked about the
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new law that became effective on July first, and that
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law might require everybody that's out there that already has
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an existing durable power of attorney to update that power
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of attorney. So, if you're one of those people, I
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encourage you to listen to that episode.
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Today.
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Well, today comes about because of conversations I had recently
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with a client about their deeds that we had done
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for them and whether or not they needed to change
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those deeds. So today topic is Medicaid in Michigan why
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you should remove your home from your trust. But please
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remember that what I'm about to discuss during the program is,
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as always for educational purposes only. It is not intended
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to be legal advice. You need to work with your
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attorney to determine what is appropriate for you and your
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estate plan. Medicaid in Michigan and why you should remove
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your home from your trust or talk about important topic
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today and that is whether or not you should consider
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remove your home from your trust.
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So, as part of.
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Your estate plan, many of you have a revocable living
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trust that was created for you. Oftentimes, one of the
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goals behind that living trust is to avoid probate. And
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in order to avoid probate, you should have had a
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deed prepared that would have transferred your home into the trust.
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That way, it's not in your name anymore, it's in
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the name of the trust. That way, it would not
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have to go through probate at the time of your death.
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So your goal of avoiding probate relative to the home
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is accomplished by having that deed prepared.
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But what happens.
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What happens if, however, before you die, you go into
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a nursing home and need to apply for Medicaid to
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cover the cost of your long term care.
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Well, let's start.
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Let's kind of set the stage first with a little
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bit of understanding about Medicaid. Medicaid is a state and
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federally funded program that pays for long term healthcare if
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you are poor, including long term care costs like nursing home.
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And in Michigan, nursing home can be incredibly expensive, often
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exceeding currently eight thousand dollars a month, and because of that,
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many people are going to turn to Medicaid to help
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cover those expenses. That is, they're going to fill out
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a claim or an application for Medicaid basically saying, hey,
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Medicaid has some strict income and asset eligibilary requirements, but
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I qualify under those requirements to have the government pay
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for my long term care. And one of those assets
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that you will see, which is a most significant asset
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that most people have, or many people have and will
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be able to retain if appropriately done, even in medicaid process,
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is their home. So what happens if your home is
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in a trust and you apply for medicaid, Well, if
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your home is in revocable living trust. Revocable living trust
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is the most common living trust that gets created for
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clients as part of an estate plan. Revocable meaning that
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you can change it, that you're still in charge of it,
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that you can get rid of it. So that's what
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we're talking about, is a revocable living trust. And you
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have put your home into that revocable living trust, and
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that would have been done by having a deed prepared
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for your home. Well, if your home is in a
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revocable living trust, Medicaid may treat your home as what
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they call an available asset. That means the value of
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your home could be counted against you when determining your
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medic medicaid eligibility.
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What does that really mean?
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Well, in Michigan, if what they call your countable assets,
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those are the things that Medicaid looks at as your
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countable assets. If your countable assets at seed two thousand dollars,
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you won't qualify for medicaid unless those assets are spent down,
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meaning you have too much. You have too much by
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way of assets. You have to spend your money. You
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have to get rid of it. You know, you have
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to spend down those assets, and normally it means spend
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them on the nursing home. So you're going to use
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your own assets to pay for your care in the
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nursing home until you get down to two thousand dollars.
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Where the issue here is at medicaid. If your home
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is in the trust, Medicaid is is going to look
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at that home and say, hey, that home is not
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in your name. That home is in the name of
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your vocable living trust and it has to be spent
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down or basically they're going to look at the home
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as something that you have to sell in order to
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qualify for medicaid. So that's the starting problem. You put
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your home into a trust, you're applying for medicaid, and
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now the government is saying, well, wait a minute, that
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home has to be sold in order for you to
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qualify for medicaid. So question, why should you remove your
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home from the trust. Well, let's talk about that. If
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you remove the home from the trust and again let's
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talk about exempt assets in medicaid. In Michigan, your primary
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residence is typically exempt from MEDICAIDS asset calculation as long
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as its equity value is under the federal limit, which
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is currently about six hundred and eighty eight thousand dollars
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in twenty twenty four. But that exemption only applies if
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the home is not in a revocable trust and is
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in your name. So by moving your home out of
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the trust back into your name, you should not have
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to sell it to qualify for medicaid. So the reason
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for removing the home from your trust and putting it
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back into your name is so that your home will
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not have to.
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Be sold in order to qualify for medicaid.
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Well, obviously, not having to sell your home is certainly
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especially important if you've got a spouse who still needs
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to live in the home. If you're married and your
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home has to be sold in order for you to
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qualify for medicaid, where's your spouse going to live? Also,
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it might not being the only asset that would be
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available at your death to pass on to your children.
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So many clients their estate plan is designed to pass
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assets onto their children. They're looking at their home as
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perhaps being a primary asset for that Well, if it
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has to be sold in order for you to qualify
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for medicaid, that home is not now going to be
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available to pass on to your children. So the why
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you should remove your home from the trust is so
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that the home will now be an exempt asset and
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not have to be sold. Well, question, so, how do
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you remove it from your trust? You already put it
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inside your trust. When your trust was created for you
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would have had some sort of a deed prepared. Normally,
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that deed was prepared in order to put that home
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inside your trust. That's what we tell clients, that's what
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lawyers tell their clients, so that it's in the trust
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so that it doesn't have to go through probate. Well,
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how you will go about removing the home from your
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trust is going to depend upon a couple of things. One,
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what type of deed was prepared for you, and we're
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going to talk about that about what kind of deed
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was prepared for you. And two, whether or not the
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deed that was prepared for you that transfers your home
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into your trust has been recorded with the.
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Register of Deeds Office.
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So let's go through that if the deed that was
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prepared is what is called a ladybird deed, and don't
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look for the lady bird word on it, You're never
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going to find it. I know, we prepare a lot
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of them, and clients are always asking us, where does
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this thing?
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Say?
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Ladybird? That's the general term descriptive terms.
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That lawyers have.
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But if the deed that was prepared is what is
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known as a ladybird deed, then even if the deed
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has been recorded, you don't have to do anything. So
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if your deed is a ladybird deed, and even if
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you've recorded that ladybird.
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Deed, you don't have to do anything.
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And that is because of the way that a lady
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ladybird deed works.
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The way that a ladybird deed works is.
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The ownership of the home is still yours until your
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death because it's yours.
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When you do apply for.
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Medicaid, it is considered still an exempt asset. But because
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it's a ladybird deed, then upon your death it will
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automatically transfer into the trust without having to go through probate.
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So again, if the deed that was prepared is a
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ladybird deed, even if you recorded it, you don't have
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to do anything. What if the deed is not a
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ladybird deed, If the deed is not a ladybird deed,
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which quite often was the case with attorneys who are
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preparing these deeds, if it hasn't been recorded. So, if
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you've got a deed it's not a ladybird deed, you're
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just holding on to that deed as part of your
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state planning documents, planning on recording that later on, or
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planning on having your trustee perhaps recorded after your death,
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then you can simply destroy that deed. It's never been recorded,
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it's never become a public record. You could simply tear
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that deed up and throw it away. So if the
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deed is not a ladybird deed and it has not
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been recorded, then you can simply destroy the deed that
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was prepared for you. If, however, the deed is not
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a lady bird deed and you have already recorded the deed,
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then you will need to have a new deed prepared
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that's going to transfer the home out of the trust
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back into your name, and you should be able to
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determine if the deed's been recorded simply by looking at
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the top of it, because when it does get recorded,
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there's going to be some numbers and some tests that's
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going to be stamped or printed on the top of
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the deed from the registered deed's office indicating that the
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deed has been recorded. So if the deed is a
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lady Bird deed, doesn't matter whether it's recorded or not,
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you don't have to do anything. If the deed is
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not a Ladybird deed and has not been recorded, then
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you can simply destroy the original deed that was prepared. If, however,
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the deed is not a Ladybird deed and you have
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already recorded the deed, then you'll need to have a
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new prepared, new deed prepared that's going to transfer the
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home out of the trust back into your name, and
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just a.
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Brief brief mention on deeds.
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Usually at the top of a deed, it's going to
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have a line that tells you what kind of a
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deed it is.
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It might be what we call.
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A quit quit claim deed, or it might be a
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warranty deed. A quit claim deed or a warranty deed
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could be a Ladybird deed or might not. So whether
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it's a warranty deed or quit claim deed does not
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answer the question as to whether or not it is
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or is not a ladybird deed. So let's say you
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destroy that deed because it hasn't been recorded, or you've
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had a deed prepared putting the property back into your
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name because that deed had been recorded. Well, here's the
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next thing, though, Once the home has been removed from
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the trust and placed back in your name, there is
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still work that needs to be done.
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And here's why.
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Even though Medicaid won't count your home as an asset
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for eligibility, it might now try to recover the cost
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of care from your estate after your death. So the
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federal government requires the state of Michigan to try to
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recover the cost of Medicaid benefits that were paid for
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you from your estate after you die. That's what's known
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as Medicaid estate recovery. So in Michigan, under Michigan's Medicaid
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to State Recovery law, the state, through the Michigan Department
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of Health and Human Services, will go after your home
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to get repayment of Medicaid payments paid on your behalf.
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If it now goes through probate. Why because in Michigan,
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the state can only go after assets.
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That go through probate.
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So go back to when your trust was created and
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that deed was prepared.
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