Legal Question in Real Estate Law in Pennsylvania
House title in relative's name
I am researching this question for a good friend. The husband and wife in their late 70's. Husband has started having health problems and beginning Azheimer. They put the title of their house in a relative's name so that if he incurs large hospital bills their house cannot be taken away from them. Can they still be sued and lose their house? Can they still lose their house even though it is in the relative's name? What are the implications or the relative? Is there a time period involved that the relative must own the house? The couple are most content to have it in the relative's name but are now asking about the implications of still losing it. They live in Pennsylvania. what is the Pennsylvania law concerning this issue?
2 Answers from Attorneys
Re: House title in relative's name
OK, so let me get this. You volunteer to do the research and then you turn around and ask someone else to do the research.
I'm pretty busy and I am happy to help folks with answers to imminent problems. But uh, this is over the line.
You volunteered then you do the work. Your local law library is open to the public.
Re: House title in relative's name
I am not an Elder Lawyer and do not provide legal advice in this area, but I am aware that any transfer from an elderly person, including of the family home, to another person, may make the former owner ineligible for benefits, such as nursing home assistance, for a period of years. The period of years varies from state to state.
Especially where the person is beginning to have health problems and Alzheimers, there is a good chance that sooner or later he will have to enter a nursing home and avail himself of medicare/medicaid assistance. He will not be able to get that assistance if he has transferred his home within that period.
Also, if the couple have debts but will not be able to pay them because of their transfer of their home, it could be deemed a "fraudulent conveyance", defrauding creditors by making themselves unable to pay debts because of their transfer. The transfer can be invalidated through a legal action by the creditors.
The friends should seek legal counsel themselves [you cannot be the client for another person's assistance] to find out what the consequences of their transfer will be, and if there is a way to correct it to protect themselves.
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