If I have parents who are 86 years old but have no Will, if they do one now they can’t enter a rest home for the next 5 years or else all forfeited to the state?

Can they make out a Will tomorrow and it would be good enough to satisfy?

Asked on November 21, 2015 under Estate Planning, West Virginia


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Your parents need to immediately talk to an estate planning attorney. A rest home can attach a lien to their home if they enter the home within the next five years to pay for the costs/offset costs. A trusts attorney should be able to help you decide if a trust/will could work in your parents' situation to avoid probate or if other things need to be done to avoid probate and attachment.

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