Legal Question in Elder Law in California

Medical and property transfer

My mom has medical. She only has one assest, her home. I understand that CA will attempt to recover medical costs incurred while she is alive and will look to her home to collect the amount. Is this accurate?

Because her home is an eligible item for medical, she can transfer the property and not incur costs. Is this correct?

If she transfers the house to her children, what is the cost tot he children?

Is it better for her to transfer the house while she is alive or to keep it in the trust?

Can the property be transferred a week before her death still be untouchable by medical?

Thank you.


Asked on 11/06/07, 10:51 pm

1 Answer from Attorneys
Thomas McKenzie Law Offices of Thomas L. McKenzie

Re: Medical and property transfer

Yes, if your mother is on Medi-Cal benefits, the State of California can make an estate recovery claim for any benefits received by her after age 55. If the home is still in her name or in her trust when she passes away, the State will have the right to recover against it. There are definitely ways to protect the home against estate recovery, but it must be done in such a way so as not to incur a penalty. There are also significant tax issues which apply. If you would like additional information, I can be reached at [email protected]. Good luck to you.

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Answered on 11/06/07, 11:05 pm


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