Mom went in nursing home three years ago and has been private pay. Her son has lived with her since 1992. She became unabl...Read more
For tax purposes, your friend is probably better off inheriting the home, but in terms of Medicaid liens she may be better off having it transferred to her before her father's death. However, she needs to have lived with and cared for her father for two years in order to qualify for the “caretaker child” exception to Medicaid's usual penalty period for transferring assets. Since there is no one-size-fits-all answer, I strongly recommend that your friend consult with a local elder law attorney.
For more on Medicaid's transfer rules and exceptions to them, click here.
Local Elder Law Attorneys in Ashburn, VA
Ron M. Landsman has been practicing elder law since 1983, before it was known as elder law, originally with Landsman and Laster, Washington, D.C., then Landsman, Eakes and Laster, also in Arlington, VA, and since 1990 in his own practice in Montgomery County, Maryland. He has been among the most active members of the...
Mindy Felinton concentrates in the areas of Medicaid planning, Veterans' Benefits, asset protection, nursing home planning, elder law, wills, estate planning, trusts, living wills, powers of attorney, probate administration and trust administration and began her legal career 30 years ago as an Assistant State Attorney...
Medicaid Rules, etc