Legal Question in Wills and Trusts in Illinois

trust and estates

My mother has here home in trust with her name and her five children's name on it. She would like to have her name removed in case she gets ill and needs to go into a nursing home. She does not want the nursing to get the house. First, how does she have her name removed? Do she have to sell the house to her children in a legal sales contract? Can she do this or anything else to protect her home? She is very concerned and wants her kids to get the house,not a nursing home. Thank you for any suggestions you can give.


Asked on 4/13/02, 9:22 pm

1 Answer from Attorneys
Lawrence A. Stein Aronberg Goldgehn Davis & Garmisa, LLC

Re: trust and estates

This is a complicated area of the law, as there are limits on your mother's ability to give away her house to avoid paying for nursing home care. Basically, unless done correctly under the proper circumstances, your mother may be disqualified from government benefits to the extent that she improperly gives away assets. Your mother should hire an attorney, such as myself, to determine whether, and to what extent, she can plan to maximize her government benefits. Larry Stein (630) 221-1755.

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Answered on 4/15/02, 2:31 pm


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