I am widower living alone and unassisted. I have three adult children and I am interested in establishing a Trust that will provide a degree of Asset Protection from the Medicaid Look-Back period. I have a minimal amount of savings and I need an attorney with the expertise to structure a plan for me.
Another way to find a successful lawyer is to research litigation case studies related to Medicaid long term care reimbursement/claw back. Legal briefs identify the attorneys and successful cases. Also, your state bar association may have a list of Attorneys.
Dh and I have a trust set up. The plan is to take care of us first, and after we're both gone, if there's anything left over, the kids inherit equally.
They all (5 of them) have said they hope we die happy & totally broke from spending all our money.
I trust every one of my kids and inlaw kids to make the best and most loving decisions for us, when/if we can't any longer. Maybe our family is weird that way, but any one of my 5 could act as executor and do a perfect job.
Our attorney charged us $1500 for our trust. Honestly? I had done most of the work myself, he just organized it and helped us make some decisions we hadn't thought about.
100% agree with Alva.
And you understand that you will never have control of home or finances put into that trust on THE DAY it is put there, because the house and money no longer belong to you, but to the trust, and your to your kiddies when you die?
And you will be happy with getting care when you need it from Medicaid in a substandard nursing home, on the taxpayer's dime, rather than decent care on your own savings?
And that's what the kiddies would want for you?
Well, good for your kids, I say. You may be the big loser, but they are winners all the way around.
Do know also, that if you are not young enough to stay out of care for some good number of years (minimum of five I do believe) that you won't qualify for care at ALL for some time. But you are willing to risk that?
Again, good for your kids. Pretty tragic, possibly, for you, however.
The name of an attorney to advise you on Trusts is a Trust and Estate Attorney.
There will be a lot online in your area. Expect to pay minimum 5,000.00.
They will explain all options. Just be certain they read you all the warnings for what can happen to you.
I wish you really good luck, now and--especially--in the future.