Can I Transfer a House My Parents Own a Life Estate In?
My parents have a life estate in a home that they gifted to me six years ago. I want to transfer the home to my brother. M...
Read moreIt depends on which benefits you receive. Social Security retirement and Social Security Disability Insurance (SSDI) don’t look at assets at all. If the house is being counted against you, the program is probably Supplemental Security Income (SSI) or Medicaid. Before you sign anything, find out exactly which program flagged it.
Social Security retirement and SSDI. These are not based on need, so owning a second property doesn’t reduce them.
SSI. If you’re receiving SSI, your assets are limited to $2,000 for one person and $3,000 for a couple. A house you don’t live in counts toward this limit.
Medicaid for people who are aged or disabled: Generally, Medicaid benefits are also subject to an asset limit. The amount differs per state. For Nebraska, it is $4,000 for one person and $6,000 for a couple living together. Long-term care Medicaid has different rules for married couples. Your own home is exempt, but a second property is not.
Check your notice or ask your caseworker which program is counting the house. Your answer to that question changes the plan.
You can, but it can backfire. Giving away property for less than it’s worth will likely be treated as a transfer, even to your own child.
SSI. A gift can stop your payments for up to 36 months.
Medicaid. Nebraska looks back five years when someone applies for nursing home or long-term care coverage. A gift in that window can create a penalty period with no coverage for that care.
Taxes. Gifts over the annual exclusion ($19,000 per person in 2026) may require a gift tax return. You likely wouldn’t owe tax, but you may have to file the tax return.
Sell the house to your daughter at fair market value. An appraisal helps prove the price. You would then have cash, which counts as an asset.
Spend the money on things you need that don’t count against you. Examples include repairs to your own home, a vehicle, medical needs, paying debts, or a prepaid funeral. Keep every receipt.
Ask whether an exception applies. In some situations, a transfer is allowed without a penalty, such as one to a disabled child. An attorney can tell you whether your family qualifies.
Find out which benefit is counting the house.
Get a written appraisal.
Don’t sign a deed until you’ve gotten advice.
Keep records of the purchase and any money you spend.
Talk to a Nebraska elder law attorney or Legal Aid of Nebraska.
Rules change depending on your situation, so confirm the details with your local benefits office.
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Read moreIn addition to nursing home care, Medicaid may cover home care and some care in an assisted living facility. Coverage in your state may depend on waivers of federal rules.
READ MORETo be eligible for Medicaid long-term care, recipients must have limited incomes and no more than $2,000 (in most states). Special rules apply for the home and other assets.
READ MORESpouses of Medicaid nursing home residents have special protections to keep them from becoming impoverished.
READ MOREIn addition to nursing home care, Medicaid may cover home care and some care in an assisted living facility. Coverage in your state may depend on waivers of federal rules.
READ MORETo be eligible for Medicaid long-term care, recipients must have limited incomes and no more than $2,000 (in most states). Special rules apply for the home and other assets.
READ MORESpouses of Medicaid nursing home residents have special protections to keep them from becoming impoverished.
READ MORECareful planning for potentially devastating long-term care costs can help protect your estate, whether for your spouse or for your children.
READ MOREIf steps aren't taken to protect the Medicaid recipient's house from the state’s attempts to recover benefits paid, the house may need to be sold.
READ MOREThere are ways to handle excess income or assets and still qualify for Medicaid long-term care, and programs that deliver care at home rather than in a nursing home.
READ MORECareful planning for potentially devastating long-term care costs can help protect your estate, whether for your spouse or for your children.
READ MOREIf steps aren't taken to protect the Medicaid recipient's house from the state’s attempts to recover benefits paid, the house may need to be sold.
READ MOREThere are ways to handle excess income or assets and still qualify for Medicaid long-term care, and programs that deliver care at home rather than in a nursing home.
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READ MOREMost states have laws on the books making adult children responsible if their parents can't afford to take care of themselves.
READ MOREApplying for Medicaid is a highly technical and complex process, and bad advice can actually make it more difficult to qualify for benefits.
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