Skip to main content

ONE SETTLOR DECEASED OTHER IN NURSING HOME IRREVOCABLE TRUST HAS RESIDENCE DOES THE NURSING HOME HAVE INTEREST

Franklin Square, NY |

CAN A NURSING HOME RECEIVE ANY MONIES OF IRREVOCABLE TRUST IF THE RESIDENCE IS NOT OCCUPIED BY REMAINING SETTLOR

+ Read More

Attorney answers 4

Posted

There are a number of factors. When was the trust established? When was the home transferred to the trust? What does the trust say as to if/how income is paid? You should consult with an experienced attorney as soon as possible

Posted

Agreed. There are a lot of factors that go into answering your question. I suggest consulting an attorney in your area for further help.

On another note, typing in all-caps makes the questions difficult to read.

Thomas A. Schaeffer, Esq. Law Office of Juarez and Schaeffer PO Box 16216, San Diego, CA 92105 (619) 804-4327 www.jslaw.org This posting is provided for "informational purposes" only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principals discussed here may differ substantially in individual situations or in different States.

Posted

It depends on the date of the trust, the date of transfer, and the language in the trust.
No one can answer your question without the above information and a discussion of
the facts of your circumstances.

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

Posted

This is a complicated question and to be safe you should consider consulting an estate and planning attorney in your area. You can find one on AVVO.

Good luck.

AVVO DISCLAIMER I am licensed in Minnesota only and my answers on Avvo assume Minnesota law. The answers I provide are for general information only and are NOT INTENDED AS LEGAL ADVICE and therefore must not be relied upon. Legal advice must be based on the interaction between an attorney and client and specific exact facts and the law. I do not retain clients without a signed RETAINER AGREEMENT. The Avvo forum does not allow for the discussion and the interaction necessary to form a complete legal analysis. Therefore the answers given to any specific question would most likely be different if there was attorney-client interaction. The exchange of information through this forum does not establish such an attorney client relationship. An attorney-client relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged nor are they confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and statutory time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in the answers to any question, if you are an interested party you should promptly and personally consult with an qualified attorney for legal advice licensed in the proper jurisdiction. Finally, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer