I have a question about a family trust that owned a property that was then sold and the proceeds loaned to the elderly

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Customer: hi, yes, I have a question about a family trust that owned a property that was then sold and the proceeds loaned to the elderly trustee to buy the right to reside in a retirement village apartment. When she needs to move to the assisted living and pays back the loan - minus the retirement village claw-backs - is that money held in the trust then used to pay for the care in the retirement assisted living unit? She is a trustee but not a beneficiary of the trust. many thanks. Sorry it's such a convoluted question.
JA: Estate laws vary by state. What state are you in?
Customer: Hawkes Bay in New Zealand
JA: What documents or supporting evidence do you have?
Customer: a trust doucment somewhere
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: document
Answered by Chris The Lawyer in 16 mins 1 year ago
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Chris The Lawyer
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Chris The Lawyer, Expert

Hi I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read the question

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Chris The Lawyer, Expert

She will need to use that money for the costs in the assisted living unit because she will not qualify for the WINZ subsidy. WINZ will not be concerned whether she is a beneficiary or not because they commonly require people to break trusts to make payment

Customer
Hi, I cancelled the subscription when I realised this is not a NZ based service.
and wow, ok, opposite of what I was told by her lawyer.
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Chris The Lawyer, Expert

I am a New Zealand lawyer in active practice in Wellington, and I can tell you from experience that notwithstanding the existence of the trust, that WINZ still break the trust to require payment. If your lawyer says otherwise fine, but I do not agree

Customer
I am inclined to think you are correct.
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