Where should I put my father's inheritance if I don't want it to go to my husbands nursing home?

I'm not sure about this - a lawyer is a necessity in this case, I think. Can an inheritance be held as the separate and sole property of the person inheriting it, even if they are married? I know it would have to be held absolutely separate for marital joint property, never commingled, but I think it might be possible to keep it out of community property. But, I don't know how Medicaid would view these non-marital property funds.

We have set up a trust with properties and life insurance in it. There is a look back of 5 years.....we are just keeping our fingers crossed. From what I was told by our Elder Care Lawyer, they can take anything in both of our names. Doesn't seem fair....bueaucratic mess!

N1K2R3, I guess I am jumping the gun on putting him in a nursing home, I think he is starting with alzheimers but don't know for sure. I am conserned about what to do with the money right now. Also he has bin wanting to spend alot of money now, and I am 8 yrs. younger than him. So I need somthing put away for future. We are both on medicare and that doesn't leave alot to spend. or save.

Hi Bill: I must have been asleep on the day they taught Trusts.... Also slept through Annuities. I can't say anything about the way trusts are handled for beneficiaries. I'd be a little skeptical about the way funds are distributed (or not distributed).
Potpot: Why do you anticipate putting your husband in a nursing home? Is he not able to function now?

You really need a lawyer on this one. Check irrevocable trust -should be able to be written money goes 1st to you for your lifetime and then to your daughter.
Real estate at this time is kind of a bad investment, also ties up funds. Whatever you do put it in your name with daughter POD (pay on death) beneficiary if a bank account. You can be sure nursing home would go after it, (people with funds unfortunately are made to pay for those who don't have any)
Protect yourself with legal advice.

I am lost, "getting" an inheritance? An inheritance is when a person dies isnt it? As far as I know, being a Trustee, my siblings have no rights to any inheritance until my Mother passes, if there is any left after her care. It would have had to enhave be in a Irrevocable Trust for 5 years to protect it.

It appears that you not only need to see an elder lawyer for the medicaid process, but also one to help you write a will. With second marriages and step children you should make it clear where you want your assets to go. Without a will, if you die first, your husband will inherit your money and his heirs will be next. This can all be corrected with a will. It will be clearly spelled out.

Attorney!!!!! His grown children could try to get a claim on that inheritence and you will be involved in all kinds of legal fights and costs. Please start securing an elder law attorney who can help you in the legal ways that you need.

sorry for the spelling, I should of read it first

I want to crect some things, My father passed away last year and we are just waiting for probate to finish up. Their are 5 of us and my Dad saved to leave us all this money. No problems with siblings, it is I went threw this with my Mother in law and her alzheimers. My husband is acting the same way,so I am thing ahead. I was the one that took care of her and his father and she turned on me. Take hurt alot and i see my husbands actions becoming the same way. So this is why I ask what to do with this money. Also this is a second marriage for both and I have a child and he has 3 all married. They don't bother with each other so I need to protect my daughter that she should get. Thank you all for your answers but I am still not sure what to do!

I do not think you are jumping the gun but rather thinking ahead. I would speak to an elder law attorney about your legal options so that this is done correctly. I went to a couple of seminars and they were pushing irrevocable trusts...be careful on that one because all the money is tied up in this kind of trust...I don't know when it becomes freed up either.

It is time to plan ahead with an elder law attorney. I called several on the phone; some actually talked to me in great detail and i went with the one that did that.

Are we talking about Medicid here? Is your husband already on Mecicaid? I beleive that how spouse's assets are treated during the application process (everything is considered joint) and how they are treated during renewal is different.

Medicaid is an awesomely wonderful program if you need it. There would be an huge army of homeless impaired elders without it. But the complexity of the rules is daunting and I agree ... you should discuss this with an attorney specializing in elder care.

You should seek advice from an elder lawyer. Your house is the only thing they cannot touch as long as you, the surviving spouse lives in it. The spending down rule can be money used to improve your home. Put in a new walkway or new siding. You cannot give money away to hide. "They" go back 5 years to see what you did with "your" money. If you own nothing and have no money, you receive the same care in nursing homes as those who give their entire life's savings, as well as any imcone they are receiving. A lawyer will guide you through this if there is any way to keep "your" money. I know, it is unfair. But this is what happens.

Questions: Are you the sole beneficiary of your father's estate? Is your father deceased? If not, don't worry about it. When your father passes, pls engage the services of a good elder or estate lawyer. My suggestion: When he passes, put the money in your own bank and bank account. File your Income Tax Return with the status, Married Filing Separately. I see no way that your husband's nursing home can attach your funds in order to be paid. I think you're jumping the gun on this one. However, I may be missing something.

This happened to a girlfriend of mine, and it will make you sad for me to pass it on - but unless you want to SPEND it just to get rid of it - then I would go Real Estate and only buy in your name...though if you are married when he goes in the home you would have to get legal advice as to whether they can take your assets to pay the bills. I believe a married couple are responsible for each other's debts. My girlfriend and her husband actually divorced and put their home in her name before he got officially diagnosed (not sure how the timing of all this matters)- because he was getting alzheimer's and as you know you never know how long or how much care he may need. They did this to protect her and so she would have their home. Sad life, that this is what people have to actually do. I understand that nursing homes need to be reimbursed - but unfortunately when there is money available I have heard they are EXPERT at spending it. guess that sounds pessimistic and jadded - . I'm not a lawyer. I have to say I would go in the direction of PROTECTING myself and do everything I could to support and love him.