On preparing a last will and testament in Pennsylvania, can something be written in to have all of my assets liquidated and used to pay for ...

Question

On preparing a last will and testament in Pennsylvania, can something be written in to have all of my assets liquidated and used to pay for extra help for mother who is in a nursing home?

Also, I am jointly on the deed. It seems that if I should die, the house would be in mother's name. I would like the half of the house to go to mother's needed extra hired help. Mother is on Medical Assisatance and, if I should die, it seems as though the house would go to the nursing home. Is there some way to avoid the nursing home acquiring the house and the funds be directed at mother's needed extra help?

I appreciate your help how to document this in the correct form,

Daniel Harris

Answer

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.

If you have additional questions, I give free initial consultations, so feel free to contact me at 412-904-4469 or [email protected]/* */

I look forward to speaking with you.

Answer

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.