Legal Question in Wills and Trusts in Michigan

If a married man enters a nursing home, is the home protected for the surviving spouse if they have a trust?


Asked on 10/01/09, 8:09 pm

1 Answer from Attorneys

Don Rosenberg Barron, Rosenberg, Mayoras & Mayoras, P. C.

No it is not. A home in a living trust in Michigan is a countable asset. However, if there are not a lot of assets the home in the trust can boost the community spousal resource allowance. If there are alot of assets while this may sound too good to be true a married couple can protect all of their assets except if there are tax consequences for IRA's.

You need to work with an experience elder law attorney.

First a little bit on me: I have been practicing for over twenty-eight years. My practice is limited to specializing in issues concerning disability, estate, long term care, nursing home, Medicaid and special needs planning. I am the Chairman of the Board of Directors of the Alzheimer�s Association - Greater Michigan Chapter and member of the Association's executive committee; Member of National Academy of Elder Law Attorneys and have been listed since 1991 in the Academy's Experience Registry. Also I am the Chair-Elect and Officer of the Governing Council of the Elder Law and Disability Rights Section of the State Bar of Michigan. I am also a Charter Member of the Academy of Special Needs Planners and Member of the Financial and Estate Planning Council of Metropolitan Detroit and was recently selected as a "Superlawyer" which designates that I am in the top 5% of lawyers in the country. I am also an accredited attorney with the US Department of Veterans.

Don Rosenberg www.tcfel.com

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Answered on 10/06/09, 8:25 pm


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