Legal Question in Real Estate Law in New York

Elder care / nursing home desire for property

My elderly mother owns home and still resides in it with my brother and his family. The deed is in her name but over the years my brother has paid the taxes to help her out. As the question of possible nursing home placement has arisen for her and we know that the property will need to be included in the picture. Basicly that whatever facility we may choose will want the property to help cover the cost of her care where does that leave my brother.Does he have any legal claim to the property because he has paid the taxes?


Asked on 5/25/07, 8:24 am

1 Answer from Attorneys
Michael Moberg Moberg & Associates

Re: Elder care / nursing home desire for property

Your brother does have options. The property can be transferred to your brother and it will qualify as an exempt transfer (for Medicaid purposes) since he has been living there for the past 2 years and caring for your mother.

Please contact me directly to further discuss this matter.

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Answered on 5/29/07, 12:59 pm


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