Elder Law Answers
Can I Challenge My Mom's New Trust Based on Undue Influence?
What can I do if I believe that my brother used undue influence...
Read moreShould Mom's Will Change That My Brother Has Dementia?
- May 28th, 2024
Q
My 92-year-old mother has a trust that divides her assets three ways (me, my brother, and my sister) when she dies. My brother was recently diagnosed with dementia and will have to spend the rest of his life in a nursing home. Will my brother's third of the assets have to be turned over to the nursing home? If so, should my mom change her will? If not, and my mom passes away, should I put his share in a trust until he is either recovered or passes away? Thank you.
A
We can’t answer your question for certain without seeing your mother's trust, but it sounds like the trust should be changed to have your brother's share of the assets stay in trust for his benefit. Receiving an inheritance may make your brother ineligible for Medicaid or other public benefits that help pay for his care. After your mother passes away, it will probably be too late to put the funds in a trust.
I strongly recommend that your mother meet with the attorney who originally drew up her documents or with another estate or elder law planning attorney. Find a qualified elder law or estate planning attorney near you today.