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John Legal
John Legal, Attorney
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Mom Dad have a living trust lots of agriculture land involved.

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Mom Dad have a living trust lots of agriculture land involved. How can we protect it if they go into a nursing home? My wife and I make our living off the farm land. My account said her lawyer made itso after 90 days, govt. Couldn't touch their AG land to help payfor nursing home?
Welcome! Thank you for your question.

Unfortunately this does not happen within 90 days. The best and most solid way to protect the property is to transfer it to a Medicaid protected irrevocable trust. This trust is different than the living trusts that your parents have. The living trusts keep the property out of probate. However, they are revocable so fully available to pay all debts including nursing home expenses. The irrevocable trust will remove the property from your parents names fully. The transfer will cause them to be ineligible for Medicaid to cover nursing home costs for 5 years from the date of the transfer. Once the 5 years expires the property is protected inside the trust. This is a bit more complex than transferring the property outright to you but it keeps it protected from your creditors as well.

An experienced elder law attorney in your area can help you put in place protection that will assure that you keep the farm. You can find an elder law attorney at www.naela.org.

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Thank you,

John

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