Elder Law Answers
Medicaid's Treatment of the Home
Depending on the state, nursing home residents do not have to sell their homes in order to qualify for Medicaid.
... Read moreCan My Parents Sell Their Home and Pay for Upgrades to Our Home Without Triggering Medicaid's Transfer Rules?
- June 19th, 2015
Q
Both my elderly parents need extra help. We are going to sell their house and move them onto my property. We will need to build an addition in order to have space for them. Can they pay for these renovations out of profit from the sale of their home and not have it be subject to the Medicaid laws? The property will be in my name.
A
The answer to both questions is yes, but the payments need to be structured so that your state Medicaid agency doesn’t treat them as gifts to you causing up to five years of ineligibility for benefits. I strongly recommend that you work with a local elder law attorney to set this up so that it passes muster.
For more on Medicaid's asset transfer rules, click here.
Local Elder Law Attorneys in Ashburn, VA
Jeffrey Hammond
Hammond and Associates, LLC, Elder Law, Estate Planning, Wills, Trusts, Probate
Bethesda, MD
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John Laster
Law Offices of John L. Laster
John Laster is a lawyer licensed to practice in Virginia, Maryland and the District of Columbia. He limits his practice to wealth transfer planning, trusts, wills, powers of attorney, health care decision-making issues, estate administration and related tax, elder law and disability concerns. Listed in The Best Lawyers...
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Margaret O'Reilly
Margaret A. O'Reilly, PC
Margaret A. O’Reilly is an estate planning and elder law attorney with over thirty-five years of legal experience. Attorney O’Reilly graduated from Duke University with a degree in psychology, and received her law degree from Northeastern University School of Law in Boston, Massachusetts. For over 15 y...
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Meet Jeffrey Hammond
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Jeffrey Hammond
Hammond and Associates, LLC, Elder Law, Estate Planning, Wills, Trusts, Probate
For Jeffrey Hammond, the practice of Elder Law is personal. Jeff’s many years of experience in law and in business did not prepare him for the crisis he faced in 2005 and 2006 when his father suffered a stroke and both of his parents suffered from dementia and other medical problems. At that time, Jeff began an i...
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