Should Parents Transfer Their Home to Their Son?
- August 27th, 2013
Perhaps, but everyone may be better off using a trust. As you suggest, a transfer of the home to the son will cause five years of ineligibility for Medicaid benefits for both parents. Depending on their health and other resources, this may or may not be a risk they should take. A transfer outright to the son has several drawbacks, including the following: The house would then be subject to any claim should the son be sued or divorced or pass away. In addition, when the son sold the house he would have to pay tax on the capital gains which would be determined based on the difference between the parents' purchase price, plus the value of improvements to property, and the son's selling price. These risks can be prevented by transferring the house to a properly-drafted irrevocable trust. The trust would protect the house for the parents (and the son and his family as well) and bring the son a "step-up" in basis upon the parents' death, reducing or eliminating any tax on capital gain. These issues are complicated and the right answer depends on everyone's circumstances. These decisions must be made with the assistance of a qualified elder law attorney.
Local Elder Law Attorneys in Ashburn, VA
Farr Law Firm
In practice since 1987, Fairfax Attorney Evan Farr is widely recognized as one of the leading Elder Law, Estate Planning, and Specials Needs attorneys in Virginia and one of foremost experts in the Country in the field of Medicaid Asset Protection and related Trusts. Evan Farr has been quoted or cited as an expert by n...
The Estate Planning & Elder Law Firm PC
Bill founded The Estate Planning & Elder Law Firm, P.C. in 1994. Bill limits his practice to the areas of estate planning and administration, incapacity planning, Medicaid, asset protection planning, and elder law. He is one of (15) fifteen attorneys practicing in Virginia, Maryland and the District of Columbia, ce...
Hale Ball Carlson Baumgartner Murphy PLC
Loretta Morris Williams is a certified elder law attorney by the National Elder Law Foundation. Ms. Williams was admitted to the Council of Advanced Practitioners, National Academy of Elder Law Attorneys (NAELA) in 2012. She serves as President of the Virginia Academy of Elder Law Attorneys. Ms. Willia...