Expert Advice When You Need It Most

Setting up a revocable trust under IL estate planning law, protection of assets, nursing home

will this protect our assets if one of us goes into a nursing home or do we need to add something so we don't lose everything.

Save

Attorney answers (3)

Reputation Level 15
Your living trust does NOT protect assets against nursing home charges and may actually delay qualification. Of course you should consult with a local elder law attorney - preferably one who is comfortable discussing long term planning options and irrevocable (yes - IRREVOCABLE) trusts with you.
1 person marked this answer as good

Reputation Level 11
I am not licensed in Illinois, but I concur that you should consult an elder law attorney in your jurisdiction.

Reputation Level 9
I am an Illinois elder law attorney and having your assets in a revocable trust will not necessarily protect your assets from the costs of long term care, nor will it delay Medicaid qualifications. The existence of a trust may complicate the Medicaid application. Instead of focusing on whether or not you should have a trust, you should pay for a consultation with an elder law attorney in your area and spend a couple of hours with him or her so that you can learn and understand many of hte rules that would apply with respect to Medicaid asset protection for the way your estate and assets are structured. The failure to do this correctly could be quite costly.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 
Ask now