Real Estate Law
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It is important to understand that the law allows a person to change their will at any time, for any reason.So she could, in theory, change her will tomorrow.With this in mind, it is important you do NOT use your POA to sell the home. As a POA you have a fiduciary duty to her (and her estate). If you sell the home, that would likely be viewed as a breach of that fiduciary duty.Now…IF she applies for and is granted MEDICAID at any time (today, tomorrow, 5 years or 25 years from now), the state will be first in line to recover for any medical costs that they pay on her behalf when that home is sold after her death.The 5 year rule you are referring to applies to gifts. IF she gave you the property today, she would have to wait 5 years to apply for MEDICAID. But putting you as a beneficiary in the will is not the same as giving you the home (as I explain above). So that would not trigger the 5 year loopback that is associated with MEDICAID
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