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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 35374
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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I live in the house owned by my father who is 94 yrs

Customer Question

I live in the house owned by my father who is 94 yrs old....he wants to transfer the house to me. if he happens to need to go into a nursing home in Pennsylvania...is there anyway to transfer the home to me without the five year look back period???
Submitted: 10 months ago.
Category: Estate Law
Expert:  Barrister replied 10 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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is there anyway to transfer the home to me without the five year look back period???

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Unfortunately, the answer is no. The govt has closed up virtually all the loopholes that would allow someone to transfer their assets within that 60 month period. Medicaid is very strict on the 5 year lookback period for assets transfers to make someone eligible for benefits. Early on, people would just transfer all their assets so as to immediately qualify for benefits. Then they put in a 36 month limit once the govt caught on. Now they increased it to 60 months due to the number of people who were still planning ahead during the 36 month lookback period.

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They assume, and correctly so, that most people won't plan 5 years ahead for their care and will get caught by this if they are asking the govt to pay for any long term care..

So while I don't agree with the govt on their position that someone can save all their lives and then have to spend most of their money on their last few years of care, they apparently feel that this is a fair outcome..

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience,even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

Customer: replied 10 months ago.
A local elder law attorney stated that since I have been his caregiver for the past ten years living with him in his home....that if I have the primary care doctor agree and put in writing, that without my careing for him ...he would already be in a nursing home thus....he can transfer the home to me....and there would be no look back period.....ever heard of this??
Expert:  Barrister replied 10 months ago.

Yes, if you have lived with him over 2 years and have provided care for him that kept him out of a long term care facility, then that is a big exception to the rule. Even though a gift of the primary residence would typically mean that the person making the gift would become ineligible for Medicaid for up to Five years, there is one prominent exception to that rule. The federal statute provides that a parent may transfer their primary residence to a child without causing an ineligibility period if the following is true: 1) That child resided in the property for at least two years prior to the parent entering a nursing care facility. 2) The child provided care for that parent that kept the parent out of the nursing home for at least the two years prior to entering the nursing home.

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So yes, that is one of the few remaining exceptions to the rule..

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thanks

Barrister

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