Legal Question in Wills and Trusts in Illinois
my mother lives in illinois. she is considering going into a nursing home. she gets a monthly pension as well as medicare. if she goes to a state nursing home and passes away is the nursing home entitled to the profits of her home sale? she has a will leaving her estate to her children and my brother currently lives with her. would we be better off selling the home right away and having her put the money in an account with our names? she is concerned that her estate (basically only the home) would be taken by the nursing facility.
2 Answers from Attorneys
Depending on How long your brother has been living there, we might be able to transfer the house to him. He could then transfer the house to a trust and the proceeds could be divided after that.
Call or email me if you have any questions
Joe Michelotti
630 928 0100
I respectfully disagree with attorney Michelotti's response. What your mother needs is Medicaid planning and in my opinion it doesn't matter how long your brother has been living there.
There are two strategies that can help your mother. One involves keeping the home and the other involves selling it and pursuing a gifting strategy (a "spend-down" plan). If you would like a free consultation please visit my website at www.legacylaws.com.
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