Legal Question in Elder Law in Michigan

Elder Law

I visted an elder law attorney to set up a irrevocable trust for my mom in law. My dad in law is very ill and was setting him up for Medicaid. Well, now my he is going into Hospice. Is it necessary to set up the trust?


Asked on 4/24/09, 11:55 am

1 Answer from Attorneys

Jerrold Bartholomew Priority Elder Law and Estate Planning, PLC

Re: Elder Law

If your father's passing is imminent, I would say that the estate plan should change and that it makes sense to do a different type of trust than would have otherwise been established. The focus now should be on protecting assets during your MIL's remaining lifetime (in case she should need care) rather than immediately qualifying for Medicaid.

But this is a very fact sensitive situation: I have had clients live for years on hospice, so it is not necessarily the case that the planning should be different.

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Answered on 4/24/09, 2:11 pm


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