An asset must be in an irrevocable trust for at least five years before you apply for MassHealth for long-term care for that asset to be protected – meaning it won't count as an asset when you apply and Medicaid Estate Recovery won't be able to access the asset in your trust after you pass away.
You'll need to file: Petition for Informal Probate of Will and/or Appointment of Personal Representative (MPC 150) Surviving Spouse, Children, Heirs at Law (MPC 162) Devisees (MPC 163) The original will. A certified copy of the death certificate. Notice of Informal Probate and Return of Service (MPC 550)
Medicaid Planning Strategies and Exemptions Can Avoid Estate Recovery Medicaid-compliant annuities; Placing assets in a living trust; Pooled special needs trusts; Investing in real estate or personal services contracts;
Applicants can legally reduce countable assets by spending them on qualified expenses before applying for Medicaid. Allowable expenses include home repairs, medical costs, prepaid funeral arrangements and paying off debts. Since these are not considered gifts, they do not trigger a lookback penalty.
One of the popular tools in Massachusetts for asset protection is the irrevocable trust. By transferring assets into this trust, they no longer belong to you and thus are not countable for Medicaid purposes. While you can't change or revoke the trust, you can derive benefits from it, such as receiving income.
2. Income-Based Hardship Waiver: If the heir(s) had a gross income below 400 percent FPL for two years prior to the estate claim, MassHealth will waive up to $50,000 per qualifying heir, or up to $100,000 total if there are multiple heirs.
Ask the County Clerk or search online for your county's probate forms. Fill out the forms with the requested details, such as the decedent's full name, address, date of birth, and date of death; their personal representatives' contact details; heirs; estate value; and more. Then return the forms to the County Clerk.
Even if an estate contains probate assets, you might be surprised to learn you may not need to go through a full formal probate. If the value of the decedent's estate is less than $25,000 and does not contain any real property, than a limited version of probate called Voluntary Administration may qualify.
The threshold for an estate value for probate can range between £5,000 and £50,000 depending on the policies of the financial organisation or bank. Once you have the value of the estate, you can proceed with applying to the Probate Registry for confirmation of the estate's value.
How do I get a Small Estate Affidavit? Check Eligibility: Verify if the estate qualifies for a Small Estate Affidavit. Obtain the Form: Contact the probate court in the county where the deceased person lived. Complete the Affidavit: Fill out the Small Estate Affidavit form with accurate and complete information.