Legal Question in Elder Law in Florida

Joint RLT vs Single RLT

We have a joint RLT, funded by a small business,checking acct and mortgaged homestead. We are upside down,with more debt than assets.

My spouse has become mentally incompetent. If I understand correctly, the income from that business would be considered joint income. For the purposed of being able to qualify for public assistance, if I created a RLT for myself and moved the business to that trust would it solve the income problem of qualifing? (the well spouses income would not be counted)


Asked on 12/24/03, 12:11 am

1 Answer from Attorneys

Re: Joint RLT vs Single RLT

A revocable living trust does not shield assets for purposes of qualifying for Medicaid. Medicaid planning can be very complex; therefore, I recommend that you consult an attorney in your area that works on Medicaid Planning. There are probably other courses of action you can take but you'll need to discuss the details of your assets with the attorney in order to assess the best way(s) to accomplish your goals.

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Answered on 12/27/03, 12:27 pm


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