Legal Question in Wills and Trusts in Wisconsin
Revocable Trust.
If the person is put in a nursing home. How much can the nursing home take? Is it by law that some money has to be left to the heirs and not all used up by the nursing home?
Can a trust be ''contested''? On what basis? Can you call the power of attorney on the carpet and bring him/her into a court of law? On what basis? Just how much power does a Fiduciary have? Is it only limted to what the will states that person is granted in the will. Can he/she question the executor(s'), demand a copy of the will because you are an acting Fiduciary? The will was originally 50/50 and was transferred to a trust by my Uncle. My aunt only had a 6th grade education and could not have understood what my uncle was doing by switching the type of will that was originally set up. Can this be contested? Can a beneficiary be removed from the trust if the deceased spouse had him/her in the original will? Thanks
1 Answer from Attorneys
Re: Revocable Trust.
Hello,
That is quite a list of questions you have here. First, a nursing home does not take anything. If a person stays there, they simply have a bill to pay. To pay the bill, people may have to use their savings or sell property. The nursing home does not care what you do, except you have to pay the bill. If the person runs out of money, then the state pays the bill. However, those rules are complicated. The law lets you keep some property and still will pay your bill. However, much depends on their facts, which I do not know.
As far as contesting a will or trust, that can be done. However, there are lots of legal factors relating to that. And again, so much depends on facts which I do know know, and which I cannot learn well enough through email.
It would be worth your time and money to schedule a one hour visit to a lawyer to get some answers.
Best wishes,
Mark J. Mahoney, [email protected]
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