Legal Question in Wills and Trusts in Pennsylvania
Stepmother Died, Father Still living
My stepmother passed away and left all of her assets to my father. My question is can I take the assets and transfer them into my name so that if he needs to go into a nursing home, that his assets will not be liquidated to pay for such care? Also, what type of taxes will he have to pay if he takes lump sum payments?
2 Answers from Attorneys
Re: Stepmother Died, Father Still living
You have two issues:
1. Your stepmother's estate has to be formally administered in the County where she resided at the time of her death. Your father may go to the Register of Wills office for that county and the staff will assist him in applying for letters authorizing him to administer the estate. If he is unable to administer the estate, another relative of your stepmother should do this. The Register of Wills is also the office where Wills are filed/probated.
If you or your father feel that you need legal assistance, you should consult with an estates lawyer.
2. Transferring assets to avoid liquidation for nursing home care is a very complicated matter, and may in fact disqualify your father for nursing home care financial assistance. In order to protect his rights and assets, he should consult with a nearby Elder Law attorney. He should also ask the Elder Law attorney if or how he should receive any asset from your stepmother's estate.
Do NOT transfer any assets before such a consultation.
Re: Stepmother Died, Father Still living
In Pa there are extended look back proceures to stop potential transfers of assets to qualify for medicaid.
There is also a provision that may make a child responsible for the parent's nursing home bill.
Please consult at attorney.
If we can help let us know, services at a reasonable fee.