Legal Question in Wills and Trusts in New Hampshire
What is the best way to leave an inheritance to someone that may be in a nursing home or LTC facility at the time of death of the testator?
In other words, at the time of creation of the will everyone is healthy, but years later the testator dies, and one of the inheritors is in a Medicare paid facility.
What is the best way to leave an inheritance to an inheritors family so the government does get most or all the inheritance in the Medicare paid scenario? We would love for the family to get the inheritance if the inheritor in a LTC.
Please answer for both situations, if the inheritor is single and married?
1 Answer from Attorneys
There are many variables in the equation and different solutions. One option is to leave a conditional gift. If the person receiving is under disability or in a facility under certain financial restrictions, then the bequest goes to someone else who is not under those restrictions. Other options include the use of various trust instruments. Part of the issue is also the amount of the bequest and whether it is enough to impact the status of a person in a facility. I urge that you meet with an attorney in order to formulate a comprehensive plan and avoid unanticipated consequences. These areas of the law can be somewhat technical.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
