Follow
Share

She does not have a computer and often calls me and several friends for info. That's fine if you want to know when to put out the hummingbird feeders this spring. (Wait til you see the birds!) Now she says she and her husband set up a revocable trust maybe 6-7 years ago and attorney wants to change it to irrevocable. Three of her friends are attorneys and they all say bad idea. Anyone else ever run into such a suggested change?

This question has been closed for answers. Ask a New Question.
Revocable Trusts are completely useless if the goal is preserving assets from going to a nursing home or care facility.

Extremely wealthy people who do not have to protect assets from nursing home thieving because they can afford to not end up in one, do Revocable Trusts so assets can pass to heirs without the need for probate. They also do this as a way to stay in total control of their family and heirs until the moment they die. Since the terms of a Revocable Trust can be changed easily, the weathy person with one can make their family dance to their tune.

An Irrevocable Trust is what people with assets that don't include the word 'billion' make to protect these assets from a nursing home or care facility. They are very difficult to change the terms of and in some states not at all.

An Irrevocable Trust is probably what yiur friend's looking for if they want to preserve potential inheritance for their loved ones.
Helpful Answer (1)
Report

The first question is *why* is the attorney now suggesting this to them? What has changed?

We aren't attorneys so please don't come here for non-professional advice from a global forum of anonymous people with no accountability. Even if it is "free".
Helpful Answer (0)
Report
JLyn69 Mar 24, 2024
Geaton777 - I have no idea about the why, other than every time something pops in her mind, she is on the phone asking blah blah blah. I'm not looking for non-professional advice, but was just curious if any of you had run into this rev / irrev scenario. As to what might have changed, it's time she finds another or better elder type attorney....and maybe something better to do with her obvious large amounts of spare time.
(1)
Report
See 4 more replies
Massive difference and not something to take lightly. While an IRREVOCABLE TRUST can hide money and save it for your heirs, the truth is that it belongs to them the DAY you sign that trust. After that you cannot change the trust. After that you cannot amend the Trust or disinherit, or use any of YOUR money for YOURSELF. You have GIVEN THE MONEY AWAY. You gave it to a Trust and the Trust now owns the money and the property in it. It will only go to the inheritors of the Trust on your death, but no matter, because you cannot touch the Trust anyway.

A Revocable trust leaves all your gathered funds in a Trust. You as the creating Trustor and Trustee have power to change it, withdraw from it, sell property from it, use it for your care.

The dangers of the IRREVOCABLE Trust is that while it keeps the government from getting your money, and makes you perhaps eligible for Medicaid at some point, it doesn't allow you to say "To heck with this grumby Medicaid facility; I want to go to that nice ALF down the road instead".

You need to fully understand Trusts before you play around with them.
This is not DIY. This is something you do with a GOOD ATTORNEY who will explain everything for you. Trust and Estate Attorney is the specialty.
Helpful Answer (1)
Report
waytomisery Mar 24, 2024
I would like to add on to the need for a GOOD ATTORNEY.

My father in law went to a lawyer who recommended to have her draw up an irrevocable trust . My father in law listened to her reasoning which was
“ so the nursing home can’t get your money “. My father in law agreed to have her draw up the paperwork for this trust. The lawyer never told him that should he apply for Medicaid within 5 years , this trust is subject to the 5 year look back anyway in our state . She sold him a bill of goods for $6,000. He was very frail and already living in Assisted living when this lawyer met him and he died 2 years later. Any moron would have realized this man would most likely not live another 5 years . In my father in law’s situation a revocable trust would have been more appropriate if he was to do one at all .
(2)
Report
See 2 more replies
Geaton777 - Thankfully I am not her POA nor would I want to be. That is not a task to be assumed casually. I suggested she and her spouse go back to their attorney and ask for clarification. If they still don't understand the 'why' or the answer is just 'because', maybe find another experienced elder lawyer who can explain it.
Helpful Answer (0)
Report
Geaton777 Mar 25, 2024
Or they are now devolving into memory loss, which happens gradually. If she keeps calling you about this same issue, this may be the reason. Her family should be notified. You aren't obligated to do this, but it would be helpful to them.
(0)
Report
Not trying to be smart here...but if her lawyer and lawyer friends told her this, why did she not have them tell her why and explain what each one is.
Helpful Answer (0)
Report

This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter