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Brandon M.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12620
Experience:  Attorney experienced in numerous areas of law.
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Dear Atterney, a person with a Living Trust going to a Nursing

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Dear Atterney, a person with a Living Trust going to a Nursing Home, will the nursing home be able to take this persons home? Thank you, John



A living trust does not protect the grantor/beneficiary from civil liability; the trust's assets are basically treated as the grantor's/beneficiary's while the grantor/beneficiary is still alive. That said, a third party would not ordinarly be able to get at the trust's assets unless they had a cause of action against the grantor/beneficiary. Let me know if I did not understand your question. Best of luck.


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Customer: replied 9 years ago.
Dear Mr. Mayer, I am 86 years old, have a living trust with all my assets and my home going to my son, In the event I end up in a nursing home, will the nursing home be able to take my house while I am in the nursing home? Or my son as long as he can cover my nursing home expenses? Again, thank you and have a nice day----Customer

Hi again:


Living trusts ordinarily do two things: (1) they say who gets your assets when you expire, and (2) they say who controls your assets if you are unable or unwilling to do so for yourself. It ordinarily does not provide any other protections or any other rights.


Could the nursing home take your home while you are a resident there? Ordinarily, they could put a lien on your home to cover the costs of your bills, but not take it away.


Ordinarily, your son could only sell your home or use your assets only if you give him permission or if you are unable or unwilling to manage your own affairs.


Please let me know if this answered your question. Thank you.