What is the law for an elderly parent to go to a nursing home regarding a Will in that was mad 19 years ago?

Will they have to give up their home or does the Will override the nursing home seizing their property?

Asked on December 8, 2015 under Estate Planning, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

 A will doesn't override transfers made while persons are alive, whether voluntary (e.g. the parent sells the home or gifts it to a child) or involuntary (taken by a creditor or the government). Wills control what happens to property after death, IF the person still owned the property at death. So, say the will says "And to my son, John Doe, I leave my home"--that is read as if it says "And to my son, John Doe, I leave my home if I still owned it on the day that I passed away."


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