Legal Question in Elder Law in Pennsylvania
selling my home to child
I am 69 years old and have a potentially debilitating disease. I own my home and would consider selling it for a nominal sum to my son, whom I trust. If I then pay a nominal rental fee, and have to go to a nursing home in five or more years would this be acceptable to medicaid?
1 Answer from Attorneys
Re: selling my home to child
You asked about estate planning.
You need to speak with an attorney to review an estate plan. Everyone needs an estate plan. A good plan should be designed to protect in any situation. The situation you describe would probably not be a safe or effective plan even for the potentiality you think about.
There are a number of ways to transfer assets and yet protect the value of the property immediately AND the right of the elder to live there as long as they are able. One thing to think about is that you may be happier in your own home rather than a nursing home. In-home care is more and more accepted as an appropriate care, even with 24 hour care it can be cheaper than a nursing home.
All in all, the plan you suggest is more risky than the status quo. There are tools that can be designed to protect your assets and estate with less risk and greater control.
Regards,
Roger
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