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RayAnswers, Attorney
Category: Estate Law
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Experience:  Texas lawyer for 30 years in Estate law
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When I die, how before my death must I have sold my condo to

Customer Question

When I die, how long before my death must I have sold my condo to my daughter in order to assure that my creditors are unable to take the value of the condo from my estate?My daughter is willing to purchase my condo in a cash sale, but if I am forced to enter a nursing home before my demise, how much time must have passed to assure that the nursing home cannot demand the sales value of the condo from my daughter, as the owner of the property?
Submitted: 4 months ago.
Category: Estate Law
Expert:  RayAnswers replied 4 months ago.

Hi and welcome to JA. Rayt here to help you today.

If you sell it to her for fair market value you would be fine.Medicaid would consider a below market price to be a gift so it is important here to sell it for fair value.Medicaid reviews such sales for 5 years so if you sell or gift it to her after 5 years there would be no lookback.But 5 years here after the sale or transfer they look at these to determine if it was a sale for the fair market value.


I appreciate the chance to help you today.Thanks again

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