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Loren, Attorney
Category: Estate Law
Satisfied Customers: 33003
Experience:  30 years experience in the practice of estate law.
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My mother owns a home and lives in jersey and lives on

Customer Question

My mother owns a home and lives in jersey and lives on social security. She will be coming to live with me. She wants to sell her home and give me the money. My question is my mom has the starting of demetia, if down the road we need to have her admitted to a nursing home how will this affect her giving me her money. Also the nursing home we have looked at is in ct. Thank you
Submitted: 10 months ago.
Category: Estate Law
Expert:  Loren replied 10 months ago.

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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