Legal Question in Real Estate Law in Indiana

Last September, my grandparents purchased a house for me. All 3 of our names are on the title work and deed. My grandmother was diagnosed with rapidly progressing alzheimers and my grandfather passed away in May, leaving my grandmother and myself on the deed. My mother is my grandmother's guardian. She has hired an attorney and is wanting me to pay a monthly amount to my grandmother for living in this home. I will still be responsible for property taxes, insurance, utilities, upkeep, etc. Her lawyer claims that if I do not do this, that I will be forced by the state of Indiana to sign the home over to my grandmother and vacate the property. She still resides in her own home and is not in a long term care facility. The attorney claims that by paying her a monthly amount, this will count as income property and that I will still be on the title and deed, giving me full rights to the property upon her passing. He assured me that it would act as a safety net and would prohibit the state from taking the house. Keep in mind, the home is completely paid for. He is claiming that since they provided the funding for the purchase of the home and I did not contribute to the purchase, but rather have personally financed all of the updates, taxes, insurance and other expenses that go along with the home, they can say that I have to relinquish the property to her. Is this true? What steps can I take to ensure that my children and I don't have to leave the home that we have now invested in?


Asked on 1/02/14, 9:10 am

1 Answer from Attorneys
Kenneth Wilk Rubino Ruman Crosmer & Polen

If you didn't contribute to the purchase price of the house, the transaction may have the effect of impacting grandmother's eligibility for Medicaid, which has a 5-year look back period as to gifts and transfers made without consideration. Relinquishing the property is only one option. You had best immediately consult with a Medicaid and Elder Law planning attorney to have all of your possibilities and options explained to you. Additionally, keep in mind that what is best for your grandmother many not be best for you---so there may be a dilemma.

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Answered on 1/04/14, 1:52 pm


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