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.
Local Elder Law Attorneys in Ashburn, VA
Meet Daniel Steven
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Daniel Steven
Daniel N. Steven, LLC
Daniel N. Steven is an attorney licensed in Maryland and the District of Columbia. with many years of experience in complex estate planning and Elder Law. He is rated by Martindale-Hubbell as an AV Preeminent 5.0 out of 5 rated attorney.
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Ron Landsman
Ron M. Landsman, P.A.
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...
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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...
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