Legal Question in Real Estate Law in California

Can elderly woman give away house before entering nursing home

I have been my mothers care giver for the last five years. She is ready to go into a nursing home now. She wants to give me her mobile home. The home is very old and not worth anything in this California market. Can she sign it over to me since it would not be worth it for the care home to seize it from her?

Thank you.

--name removed--Greene


Asked on 8/16/05, 9:45 pm

1 Answer from Attorneys
J. Spikes Property Law Center

Re: Can elderly woman give away house before entering nursing home

The principal residence of a nursing home applicant is not counted as an asset for Medi-Cal eligibility.

Nonetheless, a gift of any asset may result in a period of ineligibility, unless it is an exempt asset. Since you have been your mother's caregiver for the past two years, it would likely be deemed an exempt transfer, if you have resided in the mobile home for at least two years while providing care to your mother, and thereby delaying her entry into the nursing home.

I would recommend you consult with an elder law or estate planning attorney at this stage. Good luck.

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Answered on 8/16/05, 10:15 pm


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