Legal Question in Real Estate Law in Louisiana

I resisted answering your question immediately, as I do not do a lot of elder law. However, as your question has been up a week with no answer, I decided to respond. I can answer most of your questions and hopefully point you in the right direction.

The donation is not enforcable against 3rd parties until it is recorded in the conveyance record. That means that the property would not be protected from creditors, including the nursing home, and it would be counted as part of her estate when medicare looks at her case. In very simple terms, the donation really doesn't mean anything until you record it.

There is something you should also know. If any person gives away all that they own, leaving themselves destitute (without enough property and/or money to care for themselves), the donation is a nullity. If this home is all she owns and she just gives it to you, her creditors may come in and sue to annul the donation as a sham.

As to how many years the house would have to be out of her name, I do not know the answer to that, but I was told by another attorney it was 7 years.

What you are aiming for (keeping the home in the family while the grandmother goes into a nursing home under medicare) is tried often. It is not a new idea. From what I have seen, it is generally unsuccessful. However, there may be some way to accomplish what you want to do. You should all find an elder law specialist (not necessarily a "specialist", but someone who only does elder law) to go through all of your grandmother's finances and giver her options. It is likely not something you can do by simply posting questions on a bulletin board. You will need a full review of all of her finances and have a face-to-face meeting to discuss all of her options.

Look around this site. You may be able to find the attorney you are looking for. If not, contact the Louisiana State Bar Association (www.lsba.org) and look for their lawyer referral service.

I believe that what you are wanting to do is part of what is wrong with society today. To manipulate the system so that the tax payers support your grandmother in a nursing home so that you can have property is just wrong. Man up and take care of your grandmother in her old age. Show her your love for her, not for her property. I know you pay taxes, but so do we all, and when you are willing to give us a piece of the property, then and only then should the taxpayers support your grandmother.