In the OP's defense, just because one got taken, does not mean one didn't do their due diligence. People don't always realize how non-public certain records really are until they have their own problems. For example, some BBB's keep complaints under wraps, only changing a "rating" to unsatisfactory after some undetermined number of complaints is filed in a 3 yr. period. When complaints scroll off that 3 yr mark the rating can return to satisfactory, even if severe problems exist. Same for state agencies--they often give the illusion to consumers that you can call and find out about any/all complaints when in fact that's not necessarily true. There was a builder in PA not long ago who had been literally shielded by the home builders association from his criminal record. The BBB there didn't consider or report that either. Court records are only useful if, A) the court site has a good search engine which they don't always, and B) the builder didn't keep complaints out of court with arbitration clauses that prevent suing. Not all court records are online, meaning a person would have to travel to jurisdictions the builder built in and personally search records. I have used both online and in person searches and found the following problems may prevent people from finding out about lawsuits: Court desk clerk retrieves the records and doesnt' find them all. Again, online search engines for court sites can be poor. Not everyone's online or is good at internet research. Many older people do not even use a computer. Do they "deserve" to get taken? Like Susiesnowflake here, I did diligent research and it was not my first new house either. I still got taken. Even after all the complaints I filed our state didn't report any of them to consumers who called to inquire. Only when the builder stopped paying his BBB dues did the BBB reflect complaints, which have now scrolled off their radar anyway. I also know of a builder in my state who built houses for seniors on 4 feet of uncompacted fill dirt with the predictable foundation failure as a result. NO public record anywhere of this disaster, and the builder is "highly regarded" all over the state. Most of the owners don't have the energy or resources to fight it. Due dilegence is only as good as the availability of the records you seek. It would do home buyers much more good to learn proper and improper construction when they see it, then they can adequately assess the builder's work in all stages of progress on OTHER houses, before signing a contract in the first place. Research alone is not enough. And getting taken does not mean a buyer didn't research their builder.

D., don't worry about it! I know this is a tough topic to discuss and I know the whole topic of protecting assets from the auction block is often fraught with the presumption of greed, selfishness, and entitlement. I've been reading your posts for some time now and know you aren't unreasonable. Truthfully? my parents wanted us to have the house, but were too ignorant/trusting that they couuld transfer it to us at the very end. You can't do that, any more; you have to PLAN the transfer years in advance or they will be quickly appropriated to fund LTC. Our case is no different from most families. There are liquid assets and there is real estate. We have protected the real estate, and the liquid assets are still largely intact minus a few permitted "gifts". My mother has been with me for 3 years now, at no cost to her. The idea behind our calculated decisions is that there will be sufficient funds to move her into long term care for a few years. Statistically, the person dies within a year/two of entering LTC. This was what the elder law attorney advised. I used to feel sort of "guilty" about the way we've set things up, but now I don't. We've used every legal means at our disposal to preserve some of what my parents stated time and again they wanted to leave to us, but were too ignorant to isolate and protect. And I understand completely that there are plenty of families that "skim the cream" and hustle the infirm family member off to the home and onto the public dole. That bothers me, too. Realistically, though, with the looming SS and Medicare/Medicaid crisis there will no safety net for the likes of me, even though I've paid more in taxes to fund Mum's benefits than she or my father ever paid in to the system. I will do my level best to parlay whatever I'm fortunate enough to inherit into long term, long range investments to buffer my own old age and inevitable infirmity. My 3 years of devoted care for my mother deserve to be compensated, too. Frankly, I'd rather inherit the real estate tax-free than be paid, moved into a higher tax bracket, and have to pay taxes on the earnings every year! I'm willing to wait for my compensation, no nursing home would accept that sort of arrangement.

Oh it makes perfect sense and I hear where you coming from. Also Canadian but have US citizenship for the purpose of protecting myself in the event that husband goes first. I love the States, see myself being here forever, but I fought the citizenship route due to having to "renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which I have heretofore been a subject or citizen". Like it or not the citizenship route is the best way to go to avoid problems. Second best is the qualified domestic trust. The trust can be done post mortum actually. We looked into this trust, but if I remember correctly the big factor was that IÂd pay estate taxes on any disbursement of the principle unless I could prove hardship. No putting off the estate tax until I died if I cut into the principle. I just didnÂt want to let the IRS interpret "hardship". There were also a lot of loopholes and situations put forth by our CPA, which I cant remember that made the citizenship route the way to go. I took the easiest and best way out. Decided since we see ourselves here permanently, no longer vote in Canada or pay taxes there and live under the laws and constitution of the US and abide and support them I could take the oath with its nasty part and mean it. Not likely the US and Canada are going to war against each other and I will have to go back on my oath. And actually if I had to go back on the allegiance part of the oath, I would just move back home. You can always say your Canadian. You just donÂt say it to US Customs. Linked is an article on Trust and Estate Planning Considerations When Advising Canadians Living in the US Here is a link that might be useful: expat canadians in us estate and tax planning

Do be aware that standard Revocable Trust language generally does not allow the surviving spouse to access principal on the deceased spouse's portion of the estate, which will become Irrevocable (the survivor's portion of course, remains Revocable). Restrictions are common on the Deceased principal, so it is up to you to decide: do you want the Survivor to have full use of the principal or only partial use? If partial, under what circumstances may the Survivor use the dividends and/or interest? The standard is health, education and maintenance - this means gifts, travel or entertainment must come from the Survivor's own estate, not the Deceased. You can change this to allow full access, even though this is unusual - we did this. It is imperative in a Trust that you keep your trustee and beneficiary list up to date, including the successors/contingents. We needed have very intensive discussions with an estate attorney over my MIL's trust because she and her deceased husband had never updated their trust since making it 25 yrs prior. The successor trustees and contingent beneficiary list was woefully out of date and would not have served her best interests. Do not automatically assume the people you like best will be adequate trustees, especially in a sibling situation. Sometimes the best person to pick is someone who is not only honest but neutral. Be aware that unless you specifically request language that a trustee can be reimbursed for time at current professional rates, a trustee does not normally get paid for the considerable amount of time they will spend overseeing your wishes. Expenses are always paid by or reimbursed from the estate, however. When it's your spouse that's not a big deal, but in our case it is a relative by marriage - she would have to take off work on her own vacation time or unpaid to deal with our estate, which we felt was not fair. I have settled estates and it takes a LOT of time, at a period when you are grieving yourself. I would be happy never to do it again, believe me; it is a burden, never a joy. You may wish to be very specific about the handling of real estate property once both Trustors pass away. Probably more disputes have occurred over RE than anything else. Heirs can get into a sentimental mindset and act in illogical ways which often irreparably damage sibling relations. As an old saying goes, "Never say you know anyone until you have split an inheritance with them!" It is unfortunately all too often a true proverb. My sister acted in ways that astonished me (and even her own husband) when our eldest sister died. To this day I wouldn't trust her with any portion of our estate; she just turns into another person entirely when money is involved. This is not an uncommon behavior, so dont assume your children will all "play nice and not run with the scissors." This is especially true as your children marry. The standard assumption is that if your child dies while married, their spouse and/or children inherits. But what if you donÂt like their spouse? Think about what you want to do in this type of situation. Make sure the package includes pour-over wills, power of attorney, durable healthcare power of attorney INCLUDING the HIPAA releases. It is up to you to copy your doctors with the healthcare POA. The attorney may or may not transfer your home title to the trust; ours included it in the set fee but YMMV depending on where you live. Be aware that anytime you go see a health specialist or get admitted to a hospital, you or your spouse should bring a copy of the appropriate health POA along. The HIPAA regulations are woefully vague and each doctor, specialist and hospital has their own way of interpreting how to obtain permission to discuss someone's medical records. In an medical emergency, this can be very important. This is also why whoever is your primary successor Trustee after the surviving spouse, should be kept up to date and know where all these documents can be found. And they need ACCESS to a copy of these documents in an emergency without having to go to a judge to obtain legal approval. They need to know the name and phone number of your lawyer as well as where you bank (which branch you have your safety deposit box in, for instance). All these documents should be checked over any time there is a life-changing event: divorce, sale of a home, death/marriage of a family member. Good luck and may everything go smoothly for you.