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D
Dornduff Asked September 2017

When should family home be put into heirs name?

My parents home is to be left to me following the death of my mother, who is currently living with me. I am not planning to put her into a nursing home but am afraid if something should happen where I cannot care for her if and she would need assisted care If I would be forced to sell my parents home or should this home be put into my name now?

Guestshopadmin Sep 2017
If your mother transfers the home into your name, it could cause a problem if your mother goes to a nursing home and requires Medicaid. Please understand that not all states include assisted living as eligible for Medicaid waiver. You need to consult with an elder care attorney that is experienced with Medicaid in your state (not just estate planning) so that you don't end up taking actions that will cause your mother to be penalized if she needs Medicaid later. If your parent has dementia and you transfer property without the proper power of attorney, you could been seen as abusing an elder. Please get legal advice before you just do anything. You will not be forced to sell anything - a lien will be filed on the property for any state aid via Medicaid that is given to your mother. Depending on your state's laws, it will either be collected when the property is sold or when your parent passes away and the asset is no longer exempt. It's quite complicated and not always a do-it-yourself project.

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