• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Fathers Estate question

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

zigbot

Junior Member
What is the name of your state (only U.S. law)? Penna. My brother and I would like to purchase our fathers home (for the least amount and what is the amount) so that a nursing home can not take that as payment should we have to use one in the future. Is there any amount of years we have to own it till a nursing home can still use it as payment?
 


SIN EATER

Member
I can't vouch for the author or the info, but cursor down on the below site for an article re PA and medicaid planning:
http://articles.directorym.net/Medicaid_Asset_Protection_Pittsburgh_PA-r861171-Pittsburgh_PA.html

The best thing to do is to see an Elder Law Attorney and discuss the issue with them.
Some states allow a child who has been residing with the medicaid patient to retain the house.
There may be ways, such as gifting the residence to your children and retaining a life estate. But, that may not work if Medicaid requires a complete disassociation from assets.
 

ShyCat

Senior Member
The least amount you can purchase your father's home without any issues is the FMV (Fair Market Value). If less is paid than FMV, the difference is considered a gift from the father and would be subject to the 5-year lookback period for Medicaid, affecting Medicaid eligibility. Also, gifts over $13,000 per year per individual require that the donor (your father) file a gift tax return to use up some of his lifetime unified gift/estate tax exemption.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top