Legal Question in Wills and Trusts in Ohio

My Mom has dementia but still lives in her home. She has a Will that states her home and condo are payable upon death to myself. However, I'm wondering if it would be a good didea to get my name on the title to both NOW before she may have to go into a nursing home.


Asked on 7/20/10, 4:37 am

1 Answer from Attorneys

Christine Socrates Meyers, Roman, Friedberg & Lewis

It would only be a good idea if she should require Medicaid in the future, but it will not protect thoses assets if she requires Medicaid in the next five years. There is five year look back period for Medicaid. If Medicaid is not an issue, it is better to keep those assets in her name and take advantage of the stepped up tax basis the assets receive upon the death of the owner. IThe beneficiary has a basis in the property that is equal the the value on the date of death. It can save a significant amount of capital gains if the properties have appreciated alot since she bought them.

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Answered on 7/20/10, 10:50 am


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