Elder Law Answers
Can a Mother Give Her House to Her Caregiver Son?
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 moreShould a Father Transfer His House to His Caretaker Daughter?
- June 26th, 2014
Q
My friend has moved in with her father because he has been diagnosed with Alzheimer's. He owns his home and she has been told it would be better for him to gift the house to her than for her to inherit it in his trust. She wonders if this is true, both for tax purposes and to protect the home from liens.
A
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.
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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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