Reisterstown, MD asked in Estate Planning, Family Law, Real Estate Law and Elder Law for California

Q: Can we pull equity from a property in my parent's trust to finance my mother's long-term care?

My mother currently lives in the house she purchased with my late father. Fully paid and in their trust. She is showing signs of dementia and we expect the need for full time in-home or assisted living care within the next year. In a recent review of my father's trust, we found an unexpected amendment, indicating that her ownership of the house is contingent on living in it. Otherwise the house must be sold and proceeds distributed to the heirs (myself, brother & 1/2 brother). Mother's wish is to remain in the house. My brother and I want ensure this is possible, while funding the care she needs. My 1/2 brother's interest is to move her out as he is entitled to 50% value, threatening finances. My brother and I have discussed using the equity in the home to finance care, either through equity line or reverse mortgage. No evidence in trust that this is prohibited. What kind of attorney should we talk to, to ensure this is within her rights and to mitigate conflict with our 1/2 brother?

1 Lawyer Answer
Nina Whitehurst
PREMIUM
Nina Whitehurst
Answered
  • Estate Planning Lawyer
  • Crossville, TN
  • Licensed in California

A: Talk to an elder law attorney. You might be able to keep the house AND get Medicaid to pay for her care.

1 user found this answer helpful

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