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kmcdono Asked October 2013

What's the purpose of putting two properties into a trust for a married couple if one needs to go into a nursing home?

The properties are worth in total 200-250K. Isn't it only fair that if mother wants to collect medicaid that the state does make her turn in their assets? Of course, you would want to be able to allow family to inherit things, but it doesn't always turn out. I understand that medicaid law in MI means (2013) that she will need to sell one asset.

EXPERT K. Gabriel Heiser Nov 2013
The only real estate that is exempt for Medicaid purposes is (i) the personal residence, and (ii) income-producing property (but only in SOME states!). Thus, if a married couple owns two pieces of real estate, they can only protect one at most (i.e., if it is their home). The other will most likely need to be sold at full fair market value and then the cash used for other planning techniques.

Zoolife Nov 2013
Question what about a trust for veterans pension, the house, savings and life insurance policy is going in the trust. My father thinks I've stolen his money and has had me revoked as POA and MOA. He couldn't see the money in his account the bank showed him it was in my name. I told him all of this was going to happen had to be this way according to the attorney but he when nuts. Now it's a horrible, he's threatened me called me names and tried to have me thrown in jail, and wanted to sue me. It looks like the attorney that put the durable power of attorney is going to hire her friend the elder care manager to do everything I was doing. I'm actually relieved! My mother and fathers neighbors called me wanting to go before the judge to testify that my fathers behavior has been out of control for years. My mother is in and out of the hospital, it's heartbreaking, but the truth will come out I've done nothing.

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Sonia26 Nov 2013
If a person has a parent in a long term care facility and she has a POA and is executor of a will, is she responsible after her death for if any of her debts.

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