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D
dbecker Asked July 2009

Our mother has to go to a nursing home. If she gives us the deed to the home we are all living in, can the state take the home away from us?

EXPERT Carol Bradley Bursack, CDSGF Jul 2009
There is a five year "look back" for Medicaid. Generally,
iIf she gives the house to you, that's fine unless she goes on Medicaid. If she goes on Medicaid, they will consider the house her property unless five years have passed since she deeded it to you.

If someone has a spouse living in the house, they will allow the spouse to live there, but still they will take the home when the spouse leaves the home or dies (or the portion of the proceeds due them from care for the elder on Medicaid). This is general information, so you should see an estate attorney about this, however.
Carol

lovingdaughter Jul 2009
Carol is correct. The 5 year look back is a big consideration. Get an estate lawyer to help and avoid any future problems.
Linda

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moonbeam Jul 2009
my mom is 87 and worth about a half a million dollors which is in her name and mine. when she dies what kind of taxes will i have to pay?

lovingdaughter Jul 2009
Need a good tax accountant for that one, but if your name is on it you may have taxes to pay on what is not considered an inheritance. Is it in a trust? That money is quickly dispersed to the trustees and is not probated as a will. This is how it was explained to us, but get good legal advice and consult a tax expert!!!!

Beaone Jul 2009
In most states, you would only have to pay inheritance taxes on the half not already in your name and I doubt that amount would be subject to the amount that would qualify for inheritance taxes but, as others have told you, consult a tax expert.

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