If a will is made out more than 5 years before going into a nursing home , can the nursing home still get it ?

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  • 1 month ago

    Yes. A will only covers what is left after all debts, including the nursing home bill, have been paid in full. The 5-year look-back limit applies to assets that already changed owners.

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  • 1 month ago

    The property you want to protect from nursing costs of the owner must be legally transferred out of the ownership of the owner more than 5 years before the care is needed. The property would not be mentioned in a will because the person that wrote the will did not own it.

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  • 1 month ago

    That you need to consult a lawyer in your state about. The first 1/2 hour consult is generally free.

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  • Eva
    Lv 7
    1 month ago

    A will has nothing to do with the nursing home getting anything. Any debts of the deceased must be paid before any assets can be distributed. You are referring to the 5 yr. lookback period for Medicaid, which has to do with transfers of property occurring during the 5 yr. period before the person applies for Medicaid. A will has no effect on the lookback.

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  • 1 month ago

    A person debt's must be paid from their estate first, what is left goes to the beneficiaries per the will's instructions. It does not matter when the will was made, the nursing home must still get paid.

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  • Judy
    Lv 7
    1 month ago

    It has nothing to do with when the will was made.

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  • Rick B
    Lv 7
    1 month ago

    Can the nursing home still get it??? Get what? The will? Why would a nursing home need a will?

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  • 1 month ago

    You must reconcile in your mind which notary's office has it and ask there. (But probably the headquarters of your nursing home knows it.)

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  • Peter
    Lv 7
    1 month ago

    There is no time limit to a will. There are however legal issues that could arise, if a bequest is made to any institution at an early stage. Foe example, if the particular nursing home changes hands, or even closes down, what then?

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  • Judith
    Lv 7
    1 month ago

    WHEN or even IF a will is made out has nothing to do with it.  It is about whether or not the person has the funds/assets when they apply for welfare assistance.  If they do, then they won't get the assistance.  If the person going into a nursing home gave away assets within 5 years of filing for welfare assistance then they won't get the assistance.

    The point is - when it comes to taxpayers footing the bill any monies meant to go to children/grandchildren/whatever are used to cover that person's expenses until they run out.  THEN the taxpayers start footing the bill.  Stop being so greedy.

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