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Infolawyer, Attorney
Category: Estate Law
Satisfied Customers: 56867
Experience:  Licensed attorney helping individuals and businesses.
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My mother is 91 and could be looking at going into an

Customer Question

My mother is 91 and could be looking at going into an assisted living facility. She lives in her home in Montana and my brother has been there living with her for 16 years. She has never needed to rely on him until the last four years when she developed macular degeneration.
My brother is telling her that she needs to transfer the property title into his name and my name to reduce her assets to qualify for Medicaid is she if she goes into a assisted living facility. She has a will already established for distribution of property after she passes.
What are the consequences if she does what my brother is trying to get her to do?
Submitted: 9 months ago.
Category: Estate Law
Expert:  Infolawyer replied 9 months ago.

Hello and welcome. I am working on your answer and will be right back!

Expert:  Infolawyer replied 9 months ago.

It is generally better to not have assets in her name. However, a transfer at this point, if discovered, would be challenged and the facility would want such assets considered for payment. If any asset protection is considered, a better course is having assets placed in an irrevocable trust, with her children named as trustees and beneficiaries instead.

Expert:  Infolawyer replied 9 months ago.

Tried to expedite your question.

Kindly rate me 5 stars.

Expert:  Infolawyer replied 9 months ago.

Thank you in advance for taking a moment to rate me. 5 stars very much appreciated