The strongest motivating characteristic of the elder law client is the desire to protect the homestead. This often involves the creation of revocable and irrevocable trusts for estate planning and asset protection. These documents are not self-funding, and it is common to find trusts that have been properly executed but barren because they were never funded.
To be subject to the terms of the trust, assets held in the name of the client, individually, must be retitled. This step is not complicated when the asset is a private home. The property is simply transferred to the trust by means of a deed from “John Doe” to “John Doe, as trustee.”
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