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Is It Possible to Undo the Transfer of a House into a Medicaid Trust?
My mom would like to sell her house and move to a different state near family or possibly even move in with family. Unbeknownst to her, her son who had power of attorney at a time when she was ill, put the house into a Medicaid qualifying trust. She would like to take the money from the sale with her when she moves, perhaps using some of it to help her daughter with a downpayment. Is this possible?
That’s problematic if the house is in a Medicaid qualifying trust. However, depending on the terms of the power of attorney, it may be possible to undo the transfer. That might take court action in order not to mess up the title to the property. I strongly recommend that your mother consult with a local elder law attorney who can look at the trust and let her know her rights.
For more on Medicaid and trusts, click here.