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Question

I am the sole surviving child of a sole surving parent. I was told under Elder Law there is a condition where I can transfer my mothers property into my name with no penalty from medicare or medicaid. Where can I find this law if it exists??

Submitted: 482 days and 1 hours ago.
Category: Estate Law
Value: $30
Status: AWAITING CUSTOMER ACTION
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Accepted Answer

your mother can create an irrevocable trust for your benefit thereby in effect having less assets.

Please remember to accept. If you have other questions, be sure to address them to NYCLAWYER My answer is not legal advice. This forum is only designed to give you a basis of knowledge. I am not your attorney. You should consult with legal counsel in your area for specific information relevant to your situation.

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Expert: INFOLAWYER
Pos. Feedback: 96.9 %
Accepts: 
Answered: 7/28/2008

Attorney

Licensed attorney helping individuals and businesses with their legal questions

482 days ago.

Reply

so where is this law? my father gave me power of attorney but not for my mother. she is in a nursing home and afdc says if i assume her bills i can transfer the property. well as you well know if i don' know where the law is i cant do anything because since she is in a nursing home with final stage of altimers she cant set up an irrevocable trust. i just need to know where those laws are and since i am on a fixed income don't seem to be able to afford several thousand $$ to hire an attorney. thanx bill

Posted by INFOLAWYER 481 days and 23 hours ago.

Answer

if your motther lacks the mental capacity to set up a trust, she probably needs to have a guardian appointed. while i understand you want to avoid retaining an attorney, i think you should consult one and perhaps reach out to legal services in your state which may be able to do so cheaper. i hope this helps.

Please remember to accept. If you have other questions, be sure to address them to NYCLAWYER My answer is not legal advice. This forum is only designed to give you a basis of knowledge. I am not your attorney. You should consult with legal counsel in your area for specific information relevant to your situation.

481 days and 22 hours ago.

Reply

Well Sir,
I only wanted to know where that law is referenced at but like everyone else you don't tell me where its at.
I am not happy with your answer but will chalk this $30 as wasted because as a wordsmith your time is valuable.

Posted by INFOLAWYER 481 days and 13 hours ago.

Answer

I tried by my best to give to the best advice I can. since you brought up the lack of mental capacity, i think that is the law that is important to know of. i appreciate your feedback and wish you all the best in doing what is best for your mother.

 

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