Legal Question in Wills and Trusts in Ohio

Daughter's home in parents' names

I am an only child. My husband and I built a home on property owned by my parents, therefore our home and land is in their names even though we have paid our home off and have always paid half of the annual property taxes my parents owed, and we've maintained and paid for a homeowners policy on our house, which spells out the arrangement. If one of them ends up in a nursing home and their savings is eaten up, I understand that the facility could force the sale of their property to pay for care. Would we have any rights at all if the above nursing home scenario became a reality?

Also, my parents are considering putting their entire property (which would include their home, ours, plus additional land) into my name. Is it true that a nursing home can go back into real estate transfer records six years in the state of Ohio and force (me, in this case) to sell the property they transferred to me and pay for their care?

Thank you - I have no one else to ask.


Asked on 1/26/09, 2:15 pm

3 Answers from Attorneys
Philip Schmidt Brady, Coyle & Schmidt, Ltd.

Re: Daughter's home in parents' names

The"look-back" period is 5 years (not 6) going back from the Medicaid application.

It is not the nursing home that has these requirements, it is federal and state law. People are required to spend their own money for their nursing home care before they qualify for Medicaid (welfare).

In most cases, it is best to make any transfers as soon as possible and then wait as long as possible before making the Medicaid application. There are rules that permit certain proper expenditures (pre-paid funerals, home repairs, bill payments,for example).

Also, if a child stays with a parent, taking care of the parent, which results in the parent staying at home rather than going to a nursing home, the parent's home can legally be transferred (given) to the care-giving child.

There are other conditions which may be applicable to your specific situation. You should contact a qualified estate/elder planning lawyer in your area.

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Answered on 1/26/09, 5:28 pm
Elizabeth Schmitz Elizabeth S. Schmitz Attorney at Law

Re: Daughter's home in parents' names

In addition to the medicaid issues that have been elaborated on you also should consider any potential gift and estate tax issues in making the transfer. If your parents have held this property for a long while which it sounds like might be possible then there might be benefits to them holding on to the property so that you can recieve it with a stepped up basis.

Your question is very complex and I would suggest that you seek the help of an experienced estate planning and elder law attorney that can help you with all the issues involved and come up with a plan that meets your goals.

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Answered on 1/26/09, 5:41 pm
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: Daughter's home in parents' names

Because you have substantial assets that seem to be commingled with your parents' assets and your parents are of an age that could affect their qualification for Medicaid, I suggest you consult with an estate planner as soon as possible.

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Answered on 1/27/09, 8:02 am


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