Estate Law

Estate law questions? Ask an estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

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?

Show More
Show Less
Ask Your Own Estate Law Question
Answered in 3 minutes by:
3/24/2018
Jessica B
Category: Estate Law
Satisfied Customers: 1,854
Experience: Attorney at Donald B. Linsky & Associates, PA
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.

Ask Your Own Estate Law Question
Customer reply replied 4 months ago
It says Homestead, Extra Homestead
Customer reply replied 4 months 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.

Ask Your Own Estate Law Question

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

Ask Your Own Estate Law Question
Customer reply replied 4 months 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.

Ask Your Own Estate Law Question
Customer reply replied 4 months 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.

Ask Your Own Estate Law Question
Customer reply replied 4 months 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!

Jessica B
Category: Estate Law
Satisfied Customers: 1,854
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified
Jessica B and 87 other Estate Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Jessica B Your Own Question
Jessica B
Jessica B
Jessica B
Category: Estate Law
Satisfied Customers: 1,854
1,854 Satisfied Customers
Experience: Attorney at Donald B. Linsky & Associates, PA

Jessica B 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

5,908 satisfied customers

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

RayAnswers

RayAnswers

Attorney

5,629 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,145 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,867 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,522 satisfied customers

Experienced in multiple areas of the law.

P. Simmons

P. Simmons

Attorney

1,215 satisfied customers

12+ yrs. of experience including estate law.

< Previous | Next >

Related Estate Law Questions
Can Medicare take our mothers home if it was put into a
can Medicare take our mothers home if it was put into a family estate 20 years ago? … read more
LegalGems
LegalGems
Juris Doctorate
12,822 satisfied customers
Complex Estate/Disability/D(4)A Trust Question: I am 48
Complex Estate/Disability/D(4)A Trust Question:I am 48 years old, have lived in Massachusetts all my life same address and have been on SSDI/SSI since age 21. I live in the same home I grew up in that… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Tennessee. My mom was in the nursing home when she passed
Tennessee. My mom was in the nursing home when she passed away with medicare and medicaid. She was there from 1996 to 2003. On the property deed purchased in1969 it has my dad (1921 to 1974),my mom (1… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,187 satisfied customers
Here is the scenario. Dad dies...older brother calls three
Here is the scenario. Dad dies...older brother calls three siblings two brothers and sister. At funeral, the three siblings yell and scream...keep older brother from everything. didn't see will, get t… read more
LegalGems
LegalGems
Juris Doctorate
12,822 satisfied customers
The state involved is NY. My father has been a long term resident
The state involved is NY. My father has been a long term resident in a nursing home since beginning of 2010. My mother recently passed away. She still lived in the house that he lived in before going … read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,629 satisfied customers
We transfered my parentsd home into my name in 2010 and now
We transfered my parentsd home into my name in 2010 and now mom is in a nursing home and Medicare says we need to transfer the home back to Dad's name - why? I paid for most of it.… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
My mother died in 2005. My father and mother had set up a trust
My mother died in 2005. My father and mother had set up a trust for my brother and I. The trust was for my moms side of the estate. so it became irrevocable when she died. The trust had 5 houses in it… read more
dkennedy
dkennedy
Attorney
Juris Doctorate
27 satisfied customers
have lived with my mom and dad for 3 years and have been their
have lived with my mom and dad for 3 years and have been their caregiver. I have power of attorney for both of them. Dad passed away. His will left the house to me, but stated mom had rights to the ho… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
Dad died and left a will and had set up a family mineral trust
Dad died and left a will and had set up a "family mineral trust" 50% for him and 50% for his children, upon his death his 50% went to the 4 children. In the state of North Dakota can Medicaid claim an… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
My dad has Alzeimers and may need special care in the future.
My dad has Alzeimers and may need special care in the future. We have a farm that has been in the family for 150 years. What can I do to protect it from being sold off for his medical care?… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
In the state of FL, if an irrevocable trust agreement, (established
In the state of FL, if an irrevocable trust agreement, (established solely to manage funds of the sale of a condo 5 years ago) has money in it for needs of an elderly peron (my mother), then what happ… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
My Mother has her house in a Trust. Im her daughter and she
My Mother has her house in a Trust. I'm her daughter and she is in a Nursing Home now, and I have her DPOAF and I'm also her Independent Executor of her Will. The Trust leaves the house to my deceased… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
1,215 satisfied customers
my mother is in a nursing home in the state of New Jersey,
my mother is in a nursing home in the state of New Jersey, my oldest brother has Power of Attorney, he sold the family home which on the deed is also my sister , my two brothers and myself. We went to… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
lIVE IN ILLINOIS. My Mothers will named me as executor. I did
lIVE IN ILLINOIS. My Mothers will named me as executor. I did file the will. was trying to decide whether to do probate. I was also my Mothers and fathers Poa and put the house (in my fathers NAME) in… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
Both parents have past. Reverse mortgage on house. What is
Both parents have past. Reverse mortgage on house. What is owed the bank is less then market value of house. There is a will that put me the daughter in charge if mom was to go. She died May 11 My dad… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
My Mother is in a nursing home and her Medicare has been used
My Mother is in a nursing home and her Medicare has been used up. We have been trying to get her on Medicaid but have not been able to complete their forms as yet. My brother was her and my fathers ca… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
My mothers revocable living trust became irrevocable the day
My mother's revocable living trust became irrevocable the day she died, 6/4/09. I am the trustee and her daughter. My mother was married to my dad when she intiated this trust, but divorced him over 1… read more
John Legal
John Legal
Doctoral Degree
3,418 satisfied customers
I dont know where to look for this answer. My mom owns a mobil
I don't know where to look for this answer. My mom owns a mobil home in a park. We have the home for sale for $63,000. Mom put the names of herself, my three sisters and myself on the deed. Mom is 93 … read more
CALawyer
CALawyer
Attorney
Juris Doctor
1,622 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