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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 36240
Experience:  16 years real estate, Realtor. Landlord 26 years
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MY MOM PASSED TWO WEEKS AGO. SHE HAS A LIVING REVOC TRUST,

Customer Question

MY MOM PASSED TWO WEEKS AGO. SHE HAS A LIVING REVOC TRUST, AND I AM THE EXECUTOR OF THE TRUST AND HAVE POWER OF ATT. FOR MOM.
HER ESTATE OS ONLY SOME EQUITY IN HER HOME. MY WIFE AND i HAVE INVESTED OVER $30k IN HER CONDO TO UPGRADE IT, TO GET IT SELLABLE. WE HAVE ALSO PAID 30k FOR NURSING CARE.
THE CONDO CLOSED IN A FEW WEEKS. CAN HOSPITALS/CREDITORS/ NURSING HOME LEAN ON THE PROCEEDS OF THE ESTATE?
HELP.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question..Ok, first the power of attorney expires upon her passing, so that has no power to do anything any more..If she had a revocable trust, then that doesn't serve to protect her assets from any creditors of either her or her estate. It would have to have been irrevocable to protect her assets..While the assets in the trust don't have to go through probate court, they are still considered part of her estate and are subject to creditor claims. This means that any debts she had when she passed and any expenses of her estate (i.e. funeral costs, executor fees, etc.) will have to be paid before any heirs receive anything..So to answer your question directly, unfortunately the answer is yes, any creditor can file a claim against her estate and those assets in the trust would have to be used to pay off any creditors first...I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience,even when I know the answer doesn’t make the customer happy.....thanksBarrister