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We live in Florida. My dad put the house in an irrevocable…

We live in Florida...

We live in Florida. My dad put the house in an irrevocable trust 20 years ago. He died in 2010 and mom now needs nursing home care. The trust deeds the house to Dad, Mom, Me (Daughter) and My Brother. Can medicare force us to sell when mom dies

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

I have a copy of the entire trust paperwork, showing all 4 legal names as the "owners" of the home. I think that it might say the 4 and heirs, It's been a while since i read it

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

My biggest concern is can the gov make us sell and can we be held responsible for medicare bills after mom dies?

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Answered in 3 minutes by:
3/24/2018
jb156200
jb156200, Attorney
Category: Estate Law
Satisfied Customers: 900
Experience: I am a Probate Attorney practicing in Tampa, Florida.
Verified

Hello. My name is ***** ***** I am a licensed Florida attorney. I hope I may be of assistance with your question. Please remember to rate my service at the end of this session. Thank you!

I need some additional information to answer the question. Is the real property declared homestead in Florida? You can tell by looking at the real property tax bill and seeing if there is a $50,000 homestead exemption.

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Customer reply replied 1 month ago
It says Homestead, Extra Homestead
Customer reply replied 1 month ago
I found the $50,000 listed farther down the page

Ok perfect! In Florida, we have the Homestead exemption. That means two things. First, you get a $50,000 discount on the property taxes. Second, when you die, creditors may not go after your homestead property for payment.

Co-ownership of a homestead can jeopardize the homestead exemption when one of the co-owners does not reside on the property. A creditor of the non-resident co-owner can force the property to be sold. For example, assume a married couple puts their child on the title to their homestead for “estate planning” purposes so that the child is a one-third owner. If the child resides elsewhere in his own residence, he is not entitled to homestead protection of the parents’ residence. A judgment creditor of the child can levy upon the child’s one-third ownership share of the parents’ house and force the house to be sold at auction.

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Currently is the property owned by the trust? Do you and your brother inherit the property after both parents pass?

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Customer reply replied 1 month ago
Holding the trust here are some details: Dated 12/28/2004 A. K. Holcomb irrevocable trust F/B/O The Silvey Family. Dad, Mom, Me and Brother "primary beneficiaries" at the time no primary beneficiaries live in the residence trustee shall sell and net proceeds shall be distribute in equal shares to me and brother.
upon death of Dad and mom the entire trust estate is disdributed pursuant to the forgoing provisions.I have lived in the house with my parents, my husband, and my children since it was built in 1998.

Ok, thank you. So as of today, you will not be forced to sell the house to pay the nursing home or medicare. If you sell the house, prior to your mother's death, then the creditors may go after the cash from the sale of the home. If you wait to transfer the title of the property to you and your brother after your mom dies, the homestead exemption will continue to protect the property from creditors.

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Customer reply replied 1 month ago
Since all 4 are listed do i have to transfer title at mom's death of can it just sit while we live here? My brother agrees that we can live here as far as he is concerned.

It depends on what the trust document states. Usually the trust will state that upon the death of the parents the property is to be devised to the beneficiaries. There usually is no timeline as to when you must make that transfer and as long as you and your brother are in agreement there shouldn't be a problem.

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Customer reply replied 1 month ago
Ok thank you very much

No problem. Please let me know if I may be of assistance in the future. Please remember to rate my service. Thank you!

jb156200
jb156200, Attorney
Category: Estate Law
Satisfied Customers: 900
Experience: I am a Probate Attorney practicing in Tampa, Florida.
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Category: Estate Law
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