Estate Law Questions? Ask an Estate Lawyer.
Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you.
The only issue you really need to worry about is the 5 yr look back.
If she applies for Medicaid assistance for a nursing home in the next 5 yrs the state will reclaim to her estate any gifts made in the prior 5 yrs. That does not mean they will make you pay it back, but it will affect the spend down of assets required for eligibility. As time passes and gets closer to 5 yrs the portion reclaimed to her estate will be less. So, if you think she will make it through the next 5 yrs in your home it should not be an issue.
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