Legal Question in Real Estate Law in New York
Parent selling house & giving money to children
My mother-in-law just sold her house for $122,000.00. She is now living in an apartment in her son's house. What are the regulations of her giving part of the money to her 3 children. Specifically, if the time comes she needs to be put in a nursing home, will the state come back on us if she has given the money to her kids?
1 Answer from Attorneys
Re: Parent selling house & giving money to children
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She may give her money to whomever she wishes. However, you should be aware that Medicaid now has a five-year look back period, meaning, if she enters a nursing home within the five years after she gives away her assets, she may be personally responsible for the equivalent amount before Medicaid provides any coverage.
Advise you consult a qualified elder care attorney.