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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 32183
Experience:  JD, BBA Over 25 years legal and business experience.
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A retired individual who owns their residence and is collecting

Customer Question

A retired individual who owns their residence and is collecting social security retirement benefits suddenly becomes permanently ill needs to go into a nursing home or an assisted living facility. Can they transfer ownership of that property to a family member? If yes, will there be any adverse affect ie penalty or denial of future benefits or denial of the application to the nursing home by the Social Security Administration or any other affiliated government agency?
Submitted: 1 year ago.
Category: Legal
Expert:  Tina replied 1 year ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. Before I can give you an accurate answer to your question, please provide the following additional information:

Is the property owner attempting to qualify for Medicaid benefits as well?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 1 year ago.

They are on Medicare part A and B. I think that if it is necessary they may apply for Medicaid. (That is if they qualify) the age is 88 and they have Alzheimer Disease.

Expert:  Tina replied 1 year ago.
I see. Thank you for clarifying the situation.

It would not typically jeopardize their right to receive retirement benefits or Medicare part A or B if they transfer ownership of their home to someone else. However, Medicaid does have a 5 year look-back period, such that the state would seek payment for the value of the home if they sought to obtain Medicaid benefits within 5 years from date they gifted the property to someone. So their ability to qualify for Medicaid may be adversely affected by transferring the property to someone else without receiving proceeds for the fair value of the property.

In addition, if the individual has Alzheimer's, they should typically have a guardian appointed for them unless a POA was designed while they were still competent since the transfer of the property could be attacked as invalid if they are not competent to sign legal documents.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina



Customer: replied 1 year ago.

Thank you so much, Tina! I was looking at your profile and noticed that you are a real estate attorney... Are you in the Houston area?

Expert:  Tina replied 1 year ago.
You are very welcome! No, I am not in the Houston area and the site's TOS prohibit me from communicating with you outside of this forum unfortunately.

Customer: replied 1 year ago.

Okay. I understand. Can you recommend a reputable RE Attorney in the area? I am a RE Investor looking for a local attorney that I can retain as part of my business support system.

Expert:  Tina replied 1 year ago.
Hello again,

Thank you for understanding.

No I'm not able to provide a specific referral but there is a Houston Lawyer Referral Service sponsored by the local bar associations. Here is a link to their website:

http://hlrs.org/

Customer: replied 1 year ago.

Thanks... How can I check the qualifications and reputation?

Expert:  Tina replied 1 year ago.
If the referral service provides you with a referral, you can check with the state bar association to see whether they have any disciplinary actions against them. Also, if they are "AV rated" that typically means they have been rated highly among their peers.

Here is a link to the state bar's website:

http://www.texasbar.com/am/template.cfm?section=Advanced_Search
Tina, Lawyer
Category: Legal
Satisfied Customers: 32183
Experience: JD, BBA Over 25 years legal and business experience.
Tina and 3 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Thanks and have a great day!

Expert:  Tina replied 1 year ago.
You have a great day too and thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

Note: Please feel free to request me if you have future legal questions by typing your new question in the question box on my profile page. Here is a link to that page, which you can bookmark or add to your favorites: http://www.justanswer.com/law/expert-tina/. I look forward to hearing from you again should the need arise.

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