mother in law has a revokable trust, she has alzhiemers, she will be in a long term care facility. will they be able to get payment out of the Trust?
Guardianship Law Attorney
Generally speaking, assets in a revocable trust, particularly if your m-i-l established the trust and she is the primary beneficiary, would be attributable to her for purposes of establishing eligibility for Medicaid long-term care coverage. With that being said, you need to review the terms of the trust to see who established it, how your m-i-l is entitled to receive benefits, etc., before a definitive answer can be made. I suggest you bring the document(s) to an elder law attorney in your area for a review. If there is a way to protect the assets in the trust, the attorney will be able to help you do so.
Please note: The above is for general information purposes only. It is not intended to establish and does not establish any attorney-client relationship.
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Estate Planning Attorney
in most revocable trust situations the money is treated as if it is owned by the grantor (your MIL) so it makes no difference for creditors. An IRRevocable trust is different and the trust document would have to be reviewed to know for sure.
This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website: http://www.stevenzelinger.com/
Estate Planning Attorney
Yes, if this is a trust your mother established and it is revocable, the assets in the trust will be counted as available to be spent on nursing home care before she qualifies for assistance from the state to pay for care. You should meet with a qualified elder law attorney to find out what measures might be able to protect some of her assets.
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I agree with my colleagues. I would simply clarify: the nursing home does not "come after" anything. They are entitled to payment for taking care of your mother. If your mother does not pay, she cannot remain there. The nursing home is not required to house and care for your mother for free.
If your mother has no assets, then the Federal and State governments have welfare programs designed to care for indigents like her. These programs are paid for by taxpayers as a safety net for the poor. If your mother qualifies, then her care would be covered. If she has other assets, then she would not yet qualify for welfare.
Your mother's trust is a resource that she can use to pay for her care. If the trustee refuses to pay for your mother's care, then the nursing home is not required to permit her to stay.
***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!
Family Law Attorney
Hello. For a legal issue such as this, you need to have the legal work reviewed by an attorney. Your aim is legally to shelter monies.Some attorneys, myself included, are available seven days for emergency legal needs. Some attorneys, myself included, will confer for free, at no charge: Then, if legal work is performed, some attorneys, myself included, will provide a reduced fee for need. All the best.
Tricia Dwyer, Esq., Elder Law, Estate Planning Law, Rule 14 Qualified Neutral, Minnesota Supreme Court Roster Mediator, Tricia Dwyer, Esq. & Associates PLLC, Phone: 612.296-9666 EVERY DAY OF THE YEAR until 8 p.m. daily. See www.dwyerlawfirm.net
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