A family member in a nursing home has Medicaid pending. He was clearly qualified, but last week he became eligible for ser...Read more
We cannot comment on how Wisconsin will apply the law, but in most instances your mother cannot gift any of her share of the proceeds of the house sale. (Exceptions would include gifts to any of her children who may be disabled or into trust for the sole benefit of anyone who is disabled and under age 65.) On the other hand, your mother can spend her funds for her own benefit. This can include prepaying for her funeral if she has not already done so and prepaying her taxes. She can pay the IRS and the Wisconsin tax authorities an estimate of what she will owe for the sale of the house. But she can only pay for her share, not for any taxes that may be due on capital gain attributable to her children. An accountant should be able to advise on this.
To find a qualified elder law attorney in Wisconsin, click here.
Local Elder Law Attorneys in Ashburn, VA
Jean Galloway Ball is certified in Elder Law by the National Elder Law Foundation. She is a 1977 honors graduate of the National Law Center, George Washington University, and she did her undergraduate work at the University of California at Berkeley, graduating Phi Beta Kappa in 1971. She is admitted to practice in Vir...
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...
Medicaid Rules, etc