Estate Law

Estate Law Questions? Ask an Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Estate Law

We were advised to get a family trust for our mothers home.

Customer Question
She has health problems that...
We were advised to get a family trust for our mothers home. She has health problems that may require her in need for assistance for different programs later, including assistant living. This being the last resort, if need be, she wants to be able to qualify but protect her home from the county or state.
Is this something we can do quickly and would this indeed protect us from her home being used as calateral against assistance??
Submitted: 5 years ago.Category: Estate Law
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 6 minutes by:
6/1/2012
Estate Lawyer: John Elder, Estate & Elder Law replied 5 years ago
John Elder
John Elder, Estate & Elder Law
Category: Estate Law
Satisfied Customers: 4,631
Experience: Over 14 years experience in Medicaid, Estates, Trust.
Verified
Thank you for trusting Just Answer. I will answer as clearly as possible.

The general family trust would NOT protect the home for the purposes of qualification of government benefits in the future. An Irrevocable Grantor Trust likely would protect the home and allow qualification but only after 5 years of ineligibility after creation and funding of the trust. There are other possible techniques that will protect the home if 5 years of ineligibility is not an option. However, those techniques and the use of an irrevocable trust are very complex and involve many issue with regard to family dynamics, taxes and government benefits eligibility. You would really need to seek the experienced advise of an elder law attorney. You can find one at www.naela.org

I am cannot provide you with specific legal advise. I can provide you with general information about the law related to your question. My answer, and any information that you can find online, should not take the place of having a detailed consultation with a lawyer in your area to advise you regarding your specific issues.

When you review my initial response, please remember that I cannot guess what information you already know. I am answering the question(s) posed by you based upon my reading of your post and sometimes I can misunderstand or misinterpret your question. If I did not answer the question you thought you were asking, please rephrase your specific question.

Sometimes the law does not support what you would like it to support. It is my job to give you an understanding of the state of the law, not just tell you what you want to hear. I ask that you respect that fact that you received an accurate account of the law by clicking Accept and giving me positive feedback.

There can also be a delay of an hour or more between my responses to your follow up questions because I may be helping other customers or have stepped away.

Finally, I appreciate repeat customers. You can request me by beginning your question with “Dear XXXXX…”

John Elder
John Elder, Estate & Elder Law
Category: Estate Law
Satisfied Customers: 4,631
Experience: Over 14 years experience in Medicaid, Estates, Trust.
Verified
John Elder and 87 other Estate Law Specialists are ready to help you
Ask your own question now
Ask John Elder Your Own Question
John Elder
John Elder
John Elder, Estate & Elder Law
Category: Estate Law
Satisfied Customers: 4,631
4,631 Satisfied Customers
Experience: Over 14 years experience in Medicaid, Estates, Trust.

John Elder is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,414 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,061 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,015 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,839 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,451 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Attorney

1,162 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Estate Law Questions
If you have a Irrevocable Grantor Trust lasting 90 years do
If you have a Irrevocable Grantor Trust lasting 90 years do you loose your Annual Gift Tax Exclusion… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I want to leave some of my estate to my daughter but in such
I want to leave some of my estate to my daughter but in such way that this money go to a trust in her name, and the money of this trust can only be spent in the benefit of my grandkids, and she must b… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,414 satisfied customers
I have a question regarding how to take title of real
I have a question regarding how to take title of real property in Los Angeles County. I am the successor trustee to my parents revocable trust, both deceased, and there is a house in the name of their… read more
LegalGems
LegalGems
Juris Doctorate
10,153 satisfied customers
My question is the following with pertinent background
Hello, My question is the following with pertinent background information below:1)My parents had a living trust-They are now both deceased with my father recently passing away on Feb 12, 2016 and my m… read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers
Can a privately held Delaware LLC with the approval of the
Can a privately held Delaware LLC with the approval of the ownet of the company (a revocable grantor trust) or the owners of the privagtely with no pending litigation create a Swiss Hybrid Trust … read more
Damien Bosco
Damien Bosco
2,978 satisfied customers
Can the grantor of a defective irrevocable trust sell his
Can the grantor of a defective irrevocable trust sell his home to the trust with no capital gain if lived in for more than 2 years? … read more
Damien Bosco
Damien Bosco
2,978 satisfied customers
My husband is in a nursing home and i would like to know if
my husband is in a nursing home and i would like to know if medicade can take our home for payment as it is in a inrter vivos living trust? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Need info of forensic audit on protium master grantor trust
I am looking for information about forensic audit on protium master grantor trust. This is in the state of Arkansas. I have been fighting them since 2013. I need to know if the trust still exists. The… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Client has a 1999 ILITA and would like to transfer ownership
Client has a 1999 ILITA and would like to transfer ownership and beneficiary of insurance policy to new 2016 ILITA. Trustee has power to sell or assign policy. Can Trustee assign policy by tranferring… read more
NPVAdvisor
NPVAdvisor
CFP Licensee and Practitioner
Master's Degree
180 satisfied customers
My two sisters and I are trustees and beneficiaries to two
Hello,My two sisters and I are trustees and beneficiaries to two trusts set up by my parents as part of their estate plan. A lawyer reviewed the trusts on our behalf and determined that there is a pro… read more
Damien Bosco
Damien Bosco
2,978 satisfied customers
Do I need to report a defective grantor trust on Schedule G
Do I need to report a defective grantor trust on Schedule G of Form 706 even though it is not subject to estate tax?… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
5,015 satisfied customers
As executor of an irrevocable grantor trust who was sole
As executor of an irrevocable grantor trust who was sole caregiver and living with my parent who passed 11mos ago, do I owe rent to my sister the other beneficiary of the trust for the 12 months I hav… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I am an executor and beneficiary of an irrevocable family
i am an executor and beneficiary of an irrevocable family grantor trust. My father passed last year. $100,000 in bank and a appraised at his death $295,000 home. I was his sole caregiver for the last … read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,061 satisfied customers
I put my major assets in a grantor's trust and designated my
I put my major assets in a grantor's trust and designated my father as the trustee when a tenant attempted to live in my home (mortgaged) without paying and threatened to make me unable to evict him. … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,961 satisfied customers
My husband is a trustee with his brother on an irrevocable
My husband is a trustee with his brother on an irrevocable defective grantor trust. He has not seen any documents pertaining to the trust nor does he know what rights he has on this trust. My question… read more
Attorney2020
Attorney2020
Lawyer
2,479 satisfied customers
Under a California Land Trust, if the Trustee failed to list
Under a California Land Trust, if the Trustee failed to list the beneficiaries, but the individuals were given a distribution of their share when the estate settled would it be correct to assume they … read more
Christopher B, Esq
Christopher B, Esq
Attorney
Juris Doctor
1,327 satisfied customers
I am the trustee of an irrevocable grantor trust with Crummey
I am the trustee of an irrevocable grantor trust with Crummey powers established by my mother. My mother has limited testamentary power of appointment so that she can still count the trust income on h… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Have a grantor retained trust set up in 2013. The trust
Have a grantor retained trust set up in 2013. The trust agreement states the Income will be distributed to grantor throughout life time and from time to time principal. So if in 2013 and 2014 no incom… read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x