Legal Question in Wills and Trusts in Tennessee
If you parents are retired and desire to sell you their property, does it have to be at market value to be legal & binding, in the event they had to go to a hospital or some type of assisted living?
1 Answer from Attorneys
If your parents sell real property for less than market value and then make application for Medicaid benefits, then they could be denied such benefits for nursing home care for some period of time, based upon the value of the less-than-market transfer. Currently Medicaid does not provide benefits for assisted living, and hospital care would most likely fall within Medicare benefits, which is a separate program.
Thus, if your parents are of an age and/or with health conditions that may require skilled nursing home care within the next five years, then you should consult with an attorney familiar with Medicaid regulations before making a transfer of property for less than market value.