What to do if my parents’ estate is held in a living Trust and my mother wants to move to assisted living but father won’t give her money to pay for it?

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What to do if my parents’ estate is held in a living Trust and my mother wants to move to assisted living but father won’t give her money to pay for it?

Both are of sound of mind. However, he refuses to pay her hospital bills or medical care. Additionally, he won’t take her to therapy. She needs to be living in a supportive senior housing but has access only to $1000/month from her SS and pension. All other assets are in their Trust and my father refuses to sign for any withdrawl or disbursements for her care.

Asked on February 19, 2014 under Estate Planning, Florida

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

He is doing that in order to prevent the facility from attaching assets.  You should check with an attorney in your state because this still may not be enough to prevent attachment, especially with look-back laws.  The trust is currently revocable. 


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