Legal Question in Real Estate Law in California
Iheritance of Real Property vs Medical
I am buying a small house. I owe in the neighborhood of twenty thousand dollars. I would like for my children to inherit the house, but I am using medical, and understand that whatever money I use for medical will be taken if the house is sold. My question : Could I at this time add one of my adult children on the deed ? If I leave the house to my disabled child, what do I need to do before hand ? I would appreciate your help. I cannot afford an attourney.
2 Answers from Attorneys
Re: Iheritance of Real Property vs Medical
Adding a child may not be able to avoid medi-cal and adding a child may cause an increase in taxes when the property is sold after your death. You need to confer with a medi-cal specialist attorney. We can provide referrals if you wish
Joel Selik
www.SelikLaw.com
Re: Iheritance of Real Property vs Medical
It may cost you something, but you do need to consult with a Medi-Cal planning attorney to avoid doing something that may disqualify you from receiving Medi-Cal.
What you do depends on the result you want--if you'd like all your children to share the inheritance, that can likely occur. If you'd just like your disabled child to inherit, you can likely do that as well.
Note that the Medi-Cal rules do have a special exemption for inheritances to "permanently and totally disabled children," but there may be easier ways to ensure your children receive the home.
For a possible pro bono (free or reduced cost) attorney referral, try the California Advocates for Nursing Home Reform in San Francisco (www.canhr.org).