Legal Question in Real Estate Law in Texas

My mother was admitted into Hospice. I am the executor and power of attorney. Her house was willed to my minor children. I have had several people tell me that I need to transfer all of her property into my name. So that no one can take it for back payment on anything. I am at a lost as to what to do and how to do it. Can some one please help me with these answers.


Asked on 4/16/10, 6:09 am

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Please check with an eldercare attorney before you do anything. If she is on Medicaid, she may lose her benefits. You also lose the stepped-up basis of the inheritance at death and will be liable for substantial taxes at the sale of the property. If you do this to avoid debt, then the court may void the transfer anyway.

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Answered on 4/21/10, 10:57 am


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