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My 82 yr. old mom has just been admitted to a nursing home…

My 82 yr. old...

My 82 yr. old mom has just been admitted to a nursing home after three weeks in different hospitals. She has advanced congestive heart failure, moderate to advanced alzheimers and is severely mal-nourished. My 46 yr. old son who is unemployed ( illnesses, disability, etc). has stayed with her for five years, taking are of her. My question is now that she is in a nursing home and he is still in the home (she left the home to him in a trust) can I continue to pay the expenses of the home out of her money. Also, is there anything else that can be done to preserve any of the 130,000 she and dad accumulated during their lives?

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

Arkansas

Lawyer's Assistant: Has anything been filed or reported?

The trust for the home is a legal document. Her CD.'s have me and my sister as POD. Is this what you were referring to?.

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

I have used this site many times and have been very satisfied. However, I don't remember and can't find my password ***** the past. Will this keep me from using your services? Can I just pay--give a credit card number?

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Answered in 5 minutes by:
3/14/2018
Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 5,103
Experience: Over 30 years of experience
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Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

I am very sorry that you are fcing these difficulties. I know how difficult these situations can be. I hope that I can clarify some of this for you.

If the house remains your mother's home then her money can be used to maintain it. If she is listed as a co-beneficiary of the trust then her money can maintain it as well. If however the house is already in the trust and your mother is not also a beneficiary, then her persoanl; money should not be used to maintain the house.

Once she is in the nursing home her money should be going to her upkeep. Since she has significant assets she will not be eligible for medicaid until those assets are spent down.

Medicaid is very careful about these situations. If you try to move her assets now they will track them and recover them if she collects medicaid when she is not eligible for it.

Sadly it is too late to transfer her assets to protect them.

Her cash and social security will have to be used to maintain her care in the nursing home until she is able to return to her home.

I am sorry that there is not a way at this time to manage her assets to limit her health care expenses from using her funds.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 5,103
Experience: Over 30 years of experience
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Customer reply replied 1 month ago
The beneficiary trust does not go into effect until her death. There is a remote possibility that she might return to the home based on how she responds in the nursing home. She has been getting marginally better. So, can her money be used to pay property taxes, utilities, etc.? I suspected your answer on the 130,000 but was really wondering about maintaining the home while she's in the nursing home.
Phone call session started

Thank you for the call. You can maintain her home with her money.

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