Elder Law Answers
Is There a Downside to Getting a House As a Gift From a Parent?
My widowed father-in-law quickdeeded his house to my wife as co-owner in Tennessee. Is there a downside to this? I've hear...
Read moreIs It Possible to Undo the Transfer of a House into a Medicaid Trust?
- February 17th, 2015
Q
My mom would like to sell her house and move to a different state near family or possibly even move in with family. Unbeknownst to her, her son who had power of attorney at a time when she was ill, put the house into a Medicaid qualifying trust. She would like to take the money from the sale with her when she moves, perhaps using some of it to help her daughter with a downpayment. Is this possible?
A
That’s problematic if the house is in a Medicaid qualifying trust. However, depending on the terms of the power of attorney, it may be possible to undo the transfer. That might take court action in order not to mess up the title to the property. I strongly recommend that your mother consult with a local elder law attorney who can look at the trust and let her know her rights.
For more on Medicaid and trusts, click here.
Local Elder Law Attorneys in Ashburn, VA
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Margaret O'Reilly
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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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