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How to protect home and assets if spouse enters nursing home in Illinois

Carmi, IL |

Is there a way to protect the equity in our home and business equipment in case Spouse enters nursing home. In Illinois.
Thanks

Attorney Answers 2


  1. You will have to meet the look back requirements for assets going into a trust. So do this when both you and your spouse are healthy as part of your estate planning process. A trust can be established so that after a number of many many months the assets are beyond the reach of anyone besides family members.

    This is a very specific area of the law that changes often, so get a skilled elder law lawyer to assist you right away. Do not wait.

    You might find my Legal Guide helpful "How to Choose A Lawyer For You"

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    No one online can know what is going on in your matter because online we cannot find out any details. You need a lawyer. Check with a lawyer in your locale to discuss more of the details.

    Good luck to you.

    God bless.

    NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.


  2. There are a number of ways that assets such as those you have listed can be protected. For example, it is possible that the equipment may fall into the income producing asset category. You also have community spouse rights that are available to you. However, with the limited amount of information it is not possible to really give you any kind of a complete answer.

    You best bet if there is a real concern that your spouse may need nursing home care is to meet with an elder law attorney. You can probably find one in your area by looking on the National Academy of Elder Law Attorneys website.

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