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My father set up a trust in his will so that the proceeds…

Customer Question
My father set up...

My father set up a trust in his will so that the proceeds from this house would be protected from Medicaid (my mother is in a long term care facility). Once probate is completed are we not allowed to touch the trust until she passes? Also, he a vehicle solely in his name, can the exectutor give that to anyone of the beneficiaries or do we all have to agree on it?

Lawyer's Assistant: Estate laws vary by state. What state are you in?

PA

Lawyer's Assistant: What documents or supporting evidence do you have?

The will and the trust document

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I think that is all

Submitted: 7 months ago.Category: Estate Law
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Customer reply replied 7 months ago
Also, the estate lawyer never told us we were suppose to enter the will into probate. So that didn’t happen until 8 months after the death of my father. The deed to the house was never transferred to the trust, does that matter?
Answered in 2 hours by:
11/28/2017
Estate Lawyer: Expert James, Attorney replied 7 months ago
Expert James
Expert James, Attorney
Category: Estate Law
Satisfied Customers: 13,389
Experience: Experiences in wills, trusts, and estates law.
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Hello! My name is***** have over 12 years of legal experience. Please allow me some time to review your question.

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Customer reply replied 7 months ago
Thank you.
Estate Lawyer: Expert James, Attorney replied 7 months ago

Thank you for your patience. Your answer is below. When you get your answers, you will be asked to give a rating - 4 or 5 stars are appreciated. This is important because this is how I credit for doing my job. Don't worry, you can still ask related follow-up questions even after you've given a rating. Thank you!

QUESTION: My father set up a trust in his will so that the proceeds from this house would be protected from Medicaid (my mother is in a long-term care facility). Once probate is completed are we not allowed to touch the trust until she passes?

ANSWER: You have to look at the trust document to determine what happens to it once she passes away. There should be language as to an age or event, the reaching or happening of which, would end the trust. For example, many trusts say that an asset will be held in trust until the beneficiary of the trust turns 18. Only once the person turns 18 does s/he have access to the trust asset.

If the trust specifies that the assets are held in trust for your mother, then the assets cannot be touched accessed by you until such time that the trust expires, as described in the body of the trust itself.

QUESTION: Also, he a vehicle solely in his name, can the exectutor give that to anyone of the beneficiaries or do we all have to agree on it?

ANSWER: Remember, the job of the executor is to specifically "execute" the wishes stated in the will, not to replace the decedent's wishes with the wishes of the beneficiaries. The executor must look at the language of the will. If it speaks specifically about a car, then the car must go to whom is named as the beneficiary of the property. If the will does not speak specifically about the car, then the car goes into the residuary estate (everything left over in the estate after debts are paid and specific property is distributed) to be divided according to the will. That means you probably will have to all agree to it, or sell the car and divide the money earned according to the will.

I hope that answers your questions. Please remember to give me credit for doing my job by clicking on 4 or 5 stars at the top of your screen.

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Estate Lawyer: Expert James, Attorney replied 7 months ago

Hi, I’m just checking in to see how things are going. I see you have reviewed my answer but I have not received credit for it. Remember that the rating is not based on the outcome you wanted or desired, but instead, on my service to you. Negative ratings are reserved for Experts who are rude or unprofessional.

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