Elder Law
I visted an elder law attorney to set up a irrevocable trust for my mom in law. My dad in law is very ill and was setting him up for Medicaid. Well, now my he is going into Hospice. Is it necessary to set up the trust?
1 Answer from Attorneys
Re: Elder Law
If your father's passing is imminent, I would say that the estate plan should change and that it makes sense to do a different type of trust than would have otherwise been established. The focus now should be on protecting assets during your MIL's remaining lifetime (in case she should need care) rather than immediately qualifying for Medicaid.
But this is a very fact sensitive situation: I have had clients live for years on hospice, so it is not necessarily the case that the planning should be different.
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