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?


Asked on 11/20/06, 4:27 pm

1 Answer from Attorneys

Arnold Nager Arnold H. Nager, Esquire

Re: Parent selling house & giving money to children

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

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.

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Answered on 11/21/06, 1:18 pm


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