Legal Question in Wills and Trusts in Texas
Irrevocable trust
I moved in with my grandmother a year ago. All of the bills are in my name including the homeowners insurance. She has an irrevocable trust. Can I get a deed to the property or a deed retaining life estate now? I recieve the property and the house in the trust, but it is currently in her name. I want to protect my property in the case that she has to go to a nursing home. I was told that because it is my homestead that it can not be taken to pay medical or nursing home care. Is this true?
1 Answer from Attorneys
Re: Irrevocable trust
If the property has been made part of the trust, you probably can't get a deed until the trust vests in you.
If the property has not been placed in the trust, and your grandmother is competent to execute a deed, then you can get the property deeded over to you but it would have to be in a sale and not as a gift.
Has your grandmother made a will that disposes of any property not in the trust by placing it into the trust (a 'pourover' will)?
Without knowing the specifics, I can't tell whether the house is your homestead or not. All we can say, definitely, is that it is your grandmother's homestead.
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