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Having a will and trust

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turbotongue

Junior Member
What is the name of your state? Washington I need help. My grandfather died 2-2-05 and had a trust that was written up in September of 2001. However when he went into the lawyers office to change the trust and take my grandmother off the trust because she put herself into a nursing home becuase she made alligations against him of abuse. The lawyer did not look at the existing trust and drew up a will and my sister and I are one of the heirs that is standind to have $21,000 dollars. My grandma is in a nursing home and there is no divorce and medicaid is trying to take my inheritance what can I do? I am in need of desperate help. Please anyone give me information on what I can do. Thank you. Cassie
 


BlondiePB

Senior Member
turbotongue said:
What is the name of your state? Washington I need help. My grandfather died 2-2-05 and had a trust that was written up in September of 2001. However when he went into the lawyers office to change the trust and take my grandmother off the trust because she put herself into a nursing home becuase she made alligations against him of abuse. The lawyer did not look at the existing trust and drew up a will and my sister and I are one of the heirs that is standind to have $21,000 dollars. My grandma is in a nursing home and there is no divorce and medicaid is trying to take my inheritance what can I do? I am in need of desperate help. Please anyone give me information on what I can do. Thank you. Cassie
Final expenses of a deceased must be paid first. The nursing home bill is a final expense which gets paid prior to the heirs receiving their inheritance. Why should the taxpayers pay for your grandmother's nursing home when she has assests to pay for her care?
 

turbotongue

Junior Member
BlondiePB said:
Final expenses of a deceased must be paid first. The nursing home bill is a final expense which gets paid prior to the heirs receiving their inheritance. Why should the taxpayers pay for your grandmother's nursing home when she has assests to pay for her care?

My grandpa and grandma were on the way to a divorce after the abuse charges that my grandma filed against my grandpa and my grandpa wanted to make sure that his property was protected. That is why he distributed the property in his lasts will and testament :)
 

Dandy Don

Senior Member
You need a lawyer to help you figure out what happened here--the lawyer may be guilty of negligence or incompetence.
 

hootie7

Junior Member
You didn't say how long your grandparents were married? Did they own a home together, bank accounts, etc.....Even in a divorce one person can't just take the others name off of their assets to protect themselves from losing it in a divorce settlement. Courts decide. With that said Medicade is entitled to be payed back if there is money/assets to pay the bill. Medicaid will get paid first (along with any other bills) before any beneficiary or heir receives a payment. If she is legally his wife then his estate will have to pay her nursing home bills and any other bills that were incurred.... Not to mention since his trust was overwritten with a new will, his estate will go through the probate process. (the trust would have eliminated probate)

Dandydon is correct..... check with an attorney.
 

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