Legal Question in Wills and Trusts in Ohio

There are many techniques that can be used to allow the spouse that is not in the nursing home to maximize the assets he or she can keep. Whether or not a trust would be the best option depends on the facts of the case.

You need to do the planning before the first spouse is in the nursing home.

I would suggest you consult with an experienced elder law attorney.

This is a question that involves a number of issues and should be addressed through meeting with an attorney knowledgeable about estate planning. This particular area is sometimes referred to as elder law.

As attorneys Schmitz and Bradabur have stated, there are many variables that need to be evaluated in order to find the most appropriate strategy for preserving assets and income for the spouse not in the nursing home.

Certain types of trusts, such as an Irrevocable Income Only Trust, might be an appropriate option for a couple that can reasonable expect to not need nursing home care for at least the next 5 years.

Unfortunately, this area of law is complex and has undergone significant changes in the last 4 to 6 years. You would be best served by finding an experienced elder law attorney in your area and meeting with them to review your situation in detail.