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how can nursing home charges end up wiping out of state assets attorney michael kemp Arielle explains that when the assets are only in a revocable trust in the person needs nursing home care the estate assets could be completely wiped out or severely depleted by being spent on the nursing home care there might not be an estate left to pass on at death to the next generation which needs to avoid probate because it was all used to pay for the individuals care protecting the assets from nursing homes is by far the bigger and most important reason to plan and avoiding probate is the second important reason the proper trust should be an irrevocable Medicaid asset protection trust if you wish to protect assets from the nursing home and to avoid probate those assets placed into the proper trust would not be up for grabs if everything was done in a timely manner and if assets were moved into the proper irrevocable Medicaid asset protection trust provided they were beyond the five year look-bac