If you have a Will that leaves your property to your children and you have to go into a nursing home, can the nursing home still take your property?

Asked on August 18, 2013 under Estate Planning, Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If all that you have is a Will and the property is still in your name then yes, the asset can be attached by the nursing home for costs and fees.  A Will does not protect your assets from creditors and it only becomes a working document, so to speak, when you pass away. Speak with an estate planner about a Trust and placing the property in the trust.  Good luck.


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