Troy, IL asked in Probate for Illinois

Q: my grandmother was moved into a memory care facility in another state where she died. Which probate laws do we follow?

She was moved from her home by my mother who had guardianship and conservator ship of her. She was moved from Missouri to Illinois. My grandmother had lived at the facility for 2 months before she passed.

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1 Lawyer Answer
Kenneth V Zichi
Kenneth V Zichi
Answered
  • Estate Planning Lawyer
  • Fowlerville, MI

A: GENERALLY speaking, moving to a care facility does not change the 'domicile' of the individual. UNLESS there is an INTENT to PERMANENTLY move, your domicile doesn't change from your 'home' because you are admitted to a hospital, nursing home or other care facility.

Consult with an attorney in the 'home' state (where grandmother lived before passing) and verify that. SOMETIMES you have an 'option' if one location would be more convenient than the other (or avoid ancillary probate in two states!) so you need to get FULL advice on this sort of issue!

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice

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