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If the House Is in a Living Trust, Can Medicaid Still Count It?

Posted by Shawn Newman | Sep 07, 2026 | 0 Comments

You signed a living trust years ago. The deed now names the trust. Someone said Medicaid counts everything in a living trust as savings.

A living trust you can still change is see-through for Medicaid. The house can still be treated as the home if you live there, or if you left for care and intend to return. The rest of what sits in that same trust is usually counted as savings. Putting the house in this kind of trust is not a Medicaid plan.

There is a second test. Even when the house is not counted as savings, Florida looks at equity. Florida's published 2026 figure is $752,000. If your share is over that line, nursing-home Medicaid can be blocked. A spouse living there can change that cap. So can a child under 21, or a blind or disabled child. An unmarried partner living there does not.

After death is a different problem. A surviving spouse can block Medicaid's estate claim. A partner cannot. Do not assume the living trust takes the house off that table.

Bring the deed, the trust, and who lives in the house. Free consult in person or Zoom. (954) 563-9160.

Give us a call. We can help.

About the Author

Shawn Newman

Few activities are more important, yet more intimidating, than planning for your own long-term security and the continued well-being of your loved ones. The complexities of estate laws can lead many people to put off this crucial task until it�s too late, but with competent legal help you can lay...

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