Legal Question in Real Estate Law in Pennsylvania

Can a mother sell her house to her daughter for undermarket price? The mother may have to enter into a nursing home in the next few years, but the daughter lives in the house with her mother which is owned by her mother. Can the mother sell her house to her daughter for, say $1?


Asked on 5/06/10, 6:40 am

2 Answers from Attorneys

Miriam Jacobson Retired from practice of law

When a person who may need medicaid in the future transfers property for less than market value, it may disqualify her from medicaid benefits for a period of time.

Your should consult with a lawyer who specializes in elder law. That is a complex area of law, and I'm sure you and your mother would not want to do anything that might jeopardize her access to benefits that she may need in the future.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 5/11/10, 7:55 am

Miriam is a smart lady (Hi Miriam!), but there are also future tax implications you will want to consider. If she transfers the house for $1 now, when you sell the house in the future, for say $300,000, that will be considered $299,999 in income for that tax year, if not rolled over into another property. If the mother is healthy, she can gift money each year (I think it's $10,000/yr. right now), then the house can be sold later, using the gifted money, reducing future taxable income. As Miriam said, you must speak with an attorney with elderlaw & tax experience.

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Answered on 5/11/10, 8:50 am


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