Ilion, NY Estate Planning Law Firms & Lawyers

I am sorry for your loss. If nothing is done then the funds will eventually escheat to the State of New York. It is unfortunate that all $300,000.00 was spend on nursing home care. With proper planning she could have gotten Medicaid benefits much earlier and at least $100,000.00 could have been preserved and passed to family members.

The personal things you should give to your kids during your lifetime. You can create a will that leaves all to your kids, but your spouse will have the right to "elect against the will" when you pass away, claiming her elective share of your estate, which is based on the length of time you have been married. If you disclaim the inheritance from your mother it will pass as though you had died before her which may work, but you cannot change the way the property passes if you disclaim. You could ask your mother to leave the property to your kids.

Look for cheaper accommodations for your mother or take her back into your home and obtain in home care for her through Dept of California Human and Health Services. By the way, your mother is lucky and so is your family she can afford the care. Accumulated assets are not for the purpose of leaving family members an inheritance but to care for the person who needs the care; if this was otherwise, than the taxpayers suffer the burden of taking care of your mother, which is not right, when assets of the person needing the care are available for that purpose.