Legal Question in Wills and Trusts in Pennsylvania
Real estate in living trusts
My mother has a living will and she has three properties in trust for my sister and I. If my mother becomes ill and must go to a nursing home, can we be forced to sell the properties to cover the nursing home cost?
1 Answer from Attorneys
Re: Real estate in living trusts
A "living will" deals only with health care/medical treatment issues.
If the real estate was legally transferred to a trust [by her having created a trust document and signing and recording a deed], depending on how long before your mother enters a nursing home, it should insulate the properties from nursing home claims.
However, you/your mother should consult with an Elder Lawyer to be sure about the "look-back" period that might subject the properties to such claims.
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