Legal Question in Real Estate Law in California
If my elder mother and I are joint tenants of a house, can the government take her share of the house before giving elder care?
2 Answers from Attorneys
Not before, but after. You need to consider having her quit claim her interest in the property to you before she applies for health benefits that the govt has the right to recover from her property, or you two could put the property into a trust. Contact me if serious about getting help with either.
When you consider any transfer of an interest in real property for less than full value, whether to another person or to a trust, you also need to consider whether the transfer may be considered fraudulent. Hiding money and property from creditors or potential future creditors or transferring it to freinds and relatives may be deemed a fraudulent transfer under Civil Code sections 3439 et seq. The MediCal people do some record-checking to look for this sort of thing.