My Father wants to sell his home and move-in with me (child). He wants to give me the money from the sale of the house. Basically, he wants to avoid any recoup from Medicaid.
1 Answer from Attorneys
What you describe is known as Medicaid divestment, which is extremely risky and should not be attempted without advice from an experienced estate planning attorney. There are safer ways to arrange this transfer, such as preserving a portion of your father's exempt homestead interest, which are less risky than what you propose. If your father does give you the proceeds from selling his home, and subsequently receives any sort of government assistance, he will enter a "penalty period," during which time he will become ineligible for services. You therefore need to preserve these funds to pay for the costs of his care during the penalty perod and not spend them.
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