Legal Question in Wills and Trusts in Pennsylvania

Since your mother is on medical assistance, it is important that she does not inherit anything outright, or she most likely will lose her medical assistance. In order to avoid such issue, your will should contain a special needs trust for your mother so that the assets are liquidated and the proceeds are placed in a trust that supplements, but does not take away the medical assistance that she is receiving.

I would be more than happy to assist you in drafting the documents.

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You have to set up a special needs trust for your mother so as not to jeopardize her continued entitlement to benefits.

Do not do this on your own. These have to be drafted with care. Get an experienced estate planning attorney that is familar with the Medicaid rules as there are different types of special needs trusts. Depending on your assets, you may need to create a revocable living trust and have the special needs trust for your mother be part of that.

The house may be problematic as it will depend on how the deed is drafted. To avoid having the house go to the nursing home, you and your mother may need to draft a new deed putting the house in your name and she will have to sell you her share of the home. Again, you will need to speak with the estate planning attorney about the best way to protect the home.