Legal Question in Wills and Trusts in Connecticut

Re: Title to Home

Yes. There are certain "look back" provisions in Medicare law, but putting the hone in her daughter's name will protect the home from being used for nursing home expenses. Additionally the house will not have to pass through probate. It is a simple procedure to quit claim the home to the daughters. Bonnie Lee MacDonald 203=966-8855.

Re: Title to Home

First of all, since the home is located in Connecticut, I would advise you to obtain legal advice from a local attorney in that state.

Otherwise, here are some of the issues:

1) When your wife and sister are added to the deed of your mother's home, it is considered a gift from your mother to them. There may be a need to file a gift tax return (even though no gift tax is payable). This all depends on the amount of the gift, the number of gifts your mother has made in the past, and the size of your mother's overall assets.

Under the current laws, an annual gift of $11,000 or less per person does not need to be reported, but anything over that amount will need to be. When you talk to a local CT attorney about the real estate aspect, you will want to ask him/her about the gift tax consequences.

Secondly, you are looking to protect your mother's home from being sold and used for nursing home costs. If your wife and sister are not living in the home, the conveyance to them does not give them the same rights as someone, such as a spouse, would have. Again, the Medicaid and real estate laws of CT would address this issue.