Legal Question in Wills and Trusts in Georgia
Protection of property
My mother's only income is Social Security and may soon be placed in a nursing home. My step-father left her an old mobile home and 4 acres that was to be given to his step-son from previous marriage upon her death. How do we protect this property if she must be permanently placed in a nursing home?
1 Answer from Attorneys
Re: Protection of property
She should see an elder law attorney to review all of her affairs while, presumably, she is still competent to make decisions. This might include, updated will, living will, etc. There usually is an issue with "protecting" property. Her assets should be used for her care and debts. We do not know what you mean by the property "was to be given" to the step-son. Will? Trust? Life Estate? Intent means nothing if it violates other laws/rules. See an elder care lawyer in the area, especially before transferring property that could lead to permanent problems.
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