Legal Question in Wills and Trusts in California

boyfriend wants to put his daughter and me on the deed because he is dying. We're on medical and medicare. Will the state make us sell house because we're on aid?


Asked on 11/11/09, 8:09 pm

1 Answer from Attorneys

Aaron Feldman Feldman Law Group

Ordinarily a home is considered an exempt asset for purposes of eligibility for need based programs. However, becoming the owner of the house may trigger payback provisions in social security and/or Medi-Cal, A better approach would be to put the house into a Special Needs Trust. That would avoid any payback provision and allow greater flexibility over a long period of time, including the ability to leave the house to a grandchild. Depending on how sick your boyfriend is you may not have time to create a trust, but I would recoemmend doing so if he can. Please call me to discuss this matter further.

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Answered on 11/16/09, 10:46 pm


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