Terre Haute, IN asked in Estate Planning, Elder Law and Probate for Indiana

Q: Can Father leave annuity/trust to sister while mother still alive and in nursing home?

Father set up annuity/trust, not sure which, leaving all of parents cash to sister. This was done just prior to father passing and while mother was still alive and living in nursing home in Indiana. I am a disabled adult child, disabled at age 35. Mother has since passed. Thank you!

1 Lawyer Answer
Nina Whitehurst
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  • Estate Planning Lawyer
  • Crossville, TN

A: If your mother was in a nursing home while your father was alive, it is possible that her care was being paid for by Medicaid, which is needs based. It would have made perfect sense for your father to bypass your mother in his estate planning so as not to disqualify her from continuing to receive Medicaid benefits. As far as his choice to leave the annuity to his or your sister (not sure which you meant), that would have been a question for him. If you suspect foul play because either your father lacked capacity at the time or your sister exercised undue influence over him, you should schedule a consultation with a wills and estates contest attorney in your area.

Alexander Florian Steciuch agrees with this answer

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