Q: What happens to my mothers assets should she need to be put into long term care? What happens to her house?
She may need to go into long term care. Unsure at this time. She has an IRA and 2 annuities.
A: The answer to your question depends on specific facts that are not provided here, such as whether or not your mother has a will, the precise terms of the will, and whether or not your mom has a designated power of attorney. If your mother does not have a will or a power of attorney, I would highly recommend consulting with an attorney individually to draft one immediately, as it will certainly make your life much easier in the future. In regards to her house, it will be up to your mother or her power of attorney to determine what to do with her house, but it would likely best to sell it, and put the proceeds into a trust. Again, I would highly recommend consulting with an attorney as soon as you can. It will save you a great deal of time and stress in the long run.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
