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Protecting Your Home From Nursing Home Costs in Santa Barbara

Nursing Home Costs in Santa Barbara

For most families, the home is far more than an asset. It holds a lifetime of memories and the hope of leaving something behind for the children. So it is a real and growing worry that, as we age, a nursing home bill could quietly drain everything the home represents. The cost of long-term care is one of the worries we hear about most from families today, and many people assume there is nothing to do but watch it happen. That is the part we want to correct. You do not have to give up control and simply let the home go. With thoughtful Medi-Cal planning in Santa Barbara, there are often steps a family can take to protect it, especially when they plan a little ahead. Let us share a story that shows why proper estate planning means so much.

When Ruth had a fall and needed nursing home care, she applied for Medi-Cal, which helped pay for her care until she passed away. Prior to her death, Ruth had prepared a Last Will and Testament leaving her home and assets to her daughter.  When Ruth died, her estate had to go through probate according to the terms of her Will.  After a person who received Medi-Cal passes away, California can seek repayment from their probate estate.  This is called estate recovery, and the exact rules vary from state to state. It catches many families off guard, because the home can survive the care years only to face a claim afterward. The encouraging part is that planning done early, such as placing the home in the right kind of trust, may keep it out of the estate the state can reach, so it has a better chance of passing to your children instead.

What about adding a child to the deed?

Some people try to get around the probate issue by adding a child to the deed as a co-owner while keeping their own share. It feels safer, yet it carries many of the same risks. The transfer of partial ownership exposes that share of the home to the child’s divorce or creditors. It can also create a tax surprise when the child later sells, since they may lose the full step-up in basis they would have received by inheriting the home instead. Good intentions, without a plan, can put the very home you were trying to protect at risk.

Is there a safer, more effective way?

Yes, and it usually comes down to proper estate planning. Certain trusts, set up well before care is needed, may protect the home and savings while preserving eligibility for Medi-Cal coverage down the road and protecting from Medi-Cal recovery later. For example, one couple placed their home in the right kind of trust years before any health crisis. When one of them later needed care, the home was protected, and their children inherited it rather than watching it pay a care bill.

And if a crisis has already started?

Please do not lose hope. Even after a loved one enters nursing home care, there are often steps that may protect a portion of the family’s remaining savings and the home. The worst thing a family can do is nothing, or move assets around in a panic, which usually makes matters worse. Even late in the process, you typically have more options than you think.

The bottom line

The cost of care is a legitimate worry, but it is not one you have to face powerless. The thirty-month rule actually rewards families who plan early, and simply understanding how it works puts you ahead of most. With careful Medi-Cal planning in Santa Barbara, you may be able to protect both the home and the security you worked a lifetime to build. If nursing home costs worry you, we would be glad to help you look at your options before a crisis forces a rushed decision. Please call us at 805-946-1550.

Author Bio

Julianna Malis is the Founder and Managing Partner of Santa Barbara Estate Planning & Elder Law, a Santa Barbara estate planning law firm she founded in 2014. With more than 25 years of experience practicing law, she has dedicated her career to representing clients in a wide range of legal matters, including estate planning, elder law, Medicaid and Medicare planning, probate, and other estate planning areas.

Julianna received her Juris Doctor from the University of the Pacific — McGeorge School of Law and is a member of the California State Bar Association.

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