Medicaid Estate Recovery Program Worksheet Form 1575-2025

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Steps to Establish a Medicaid Asset Protection Trust Choose the Right Trust. Decide on an irrevocable trust tailored to individual needs. Appoint a Trustee. Select a reliable person or entity to manage the trust. Transfer Assets. Comply with Look-Back Period. Legal Compliance.
A Medicaid agency cannot collect more from ones estate than the amount in which it paid. For example, if the state paid $153,000, but ones estate is worth $300,000, Medicaid can only take $153,000. With MERP, all states are required to seek recovery from the deceased Medicaid recipients probate estate.
The Medi-Cal Look-Back period in California is 30 months. Transfer means an outright gift or a sale made at less than fair market value. If a disqualifying transfer of property is made, Medi-Cal will calculate the period of ineligibility for nursing facility level of care.
Furthermore, most states have a limited timeframe in which they can file for Estate Recovery. This is generally one year following the death of a Medicaid recipient. MERP rules are not consistent across the states. Some states, such as Florida, file for Estate Recovery following the death of the surviving spouse.
Proper elder law Medi-Cal planning is having all assets held in a decedents revocable living trust to avoid both probate and Medi-Cal recovery. It is very important to plan for your loved ones by having a revocable living trust.
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In California, once the house passes to the remainder beneficiaries, the state cannot recover against it for any Medicaid expenses that the life estate holder may have incurred. Another method of protecting the home from estate recovery is to transfer it to an irrevocable trust.
Assets that are generally exempt from Medicaid estate recovery include: Property jointly owned by the decedent (the deceased) and another person. Life insurance proceeds paid directly to a designated named beneficiary. Assets placed in a trust prior to the death of the decedent.

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