Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

my 60 yrs old sister has cancer-is widowed-with 3 sons & a

house paid up--she wants to...
my 60 yrs old sister has cancer-is widowed-with 3 sons & a house paid up--she wants to transfer her house to the youngest to get as much govt as possivble. we know that after 5 years after reansfer the govt helps even more. the question is can a signed "contract" between the son & mon that the house will belong to the son but the mon can live in it until death rent-free be legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 19 minutes by:
7/2/2013
socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 39,498
Experience: Retired
Verified
Hello,

What you are describing is effectively a "life estate," assuming that the son records the contract with the court/county clerk as if it were a deed. It's legal, but it won't avoid Medicaid penalties, any better than any other legal artifice.

Mother and son would be better to something called an Enhanced Life Estate Deed instead of a simple contract. The common name for this is a "lady-bird deed." The deed permits a property owner to gift property to someone else while retaining the right to remain in the property for the remainder of the owner's lifetime.

There are a number of websites that will offer you a lady-bird deed form at low cost. In my opinion, however, this particular issue should be handled by a local estate planning attorney, because unique facts can create conditions which would make the use of a lady bird deed, or for that matter, any type of transfer, usless to avoid Medicaid penalties.

For a competent estate planning attorney referral, see this link.

Please let me know if I can be of further assistance.
socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 39,498
Experience: Retired
Verified
socrateaser and 87 other Legal Specialists are ready to help you
Ask your own question now
Ask socrateaser Your Own Question
socrateaser
socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 39,498
39,498 Satisfied Customers
Experience: Retired

socrateaser is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
My husband and I have a life estate will on a piece of
My husband and I have a life estate will on a piece of property that we own 50/50. Are we allowed to sell that property or any portion of it during our lifetimes … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,276 satisfied customers
I am listed on my mother's deed to her home - life estate
I am listed on my mother's deed to her home - life estate deed. I live and take care of her - for 7 years now - she is 99 and getting to the point that I can no longer care for her as she needs. My qu… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
We are addressing options for our estate planning and
we are addressing options for our estate planning and thinking of transferring titles of our two properties (which one would be my primary residence) to me, and giving him living rights in the other; … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,276 satisfied customers
I need to get an understanding about the LIFE ESTATE on the
i need to get an understanding about the LIFE ESTATE on the property I am purchasing … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I'm about to attend an estate planning meeting with my
I'm about to attend an estate planning meeting with my families attorney to divide my deceased father's assets among my sister, brother and myself. I was the sole caretaker of my father during his ill… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,276 satisfied customers
I'm in Tennessee, I have a life estate on some commercial
I'm in Tennessee, I have a life estate on some commercial retail property. What is my percentage of ownership when I sell property … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Me and my 2 sisters are remaindermen in a Life Estate. What
Me and my 2 sisters are remaindermen in a Life Estate. What are my options? My mother dies a few weeks ago. … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,276 satisfied customers
How can I revoke a life estate deed which I made in June of
How can I revoke a life estate deed which I made in June of 2014? … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,283 satisfied customers
Estate planning legal questions. Pennsylvania. In NC. He has
Question concerns the proceeds from sale of house with his and her children… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,290 satisfied customers
I have a question regarding a life estate. My father-in-law
Hello! I have a question regarding a life estate.My father-in-law is currently in a long-term care residence and was declared incapacitated a year ago. My husband is his Power of Attorney and Personal… read more
KJL LAW
KJL LAW
Juris Doctorate
1,754 satisfied customers
Present value of A remainder in $400,000,. Life Estate is
Present value of A remainder in $400,000,. Life Estate is age 57 … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I HAVE TWO LIFE ESTATES - TWO PROPERTIES GIVEN BY THE SAME
I HAVE TWO LIFE ESTATES - TWO PROPERTIES GIVEN BY THE SAME PERSON WHO DECEASED. CAN I HOLD TWO LIFE ESTATES. DO I HAVE TO LIVE IN BOTH SAY 6 MONTHS OUT OF THE YEAR FOR EACH ONE? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have a life estate on a home willed to my step son. Can i
I have a life estate on a home willed to my step son. Can i legally vacate and take thecontents (which were willed to me)? … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I am the owner of a townhome in another city (life estate
I am the owner of a townhome in another city (life estate from my mother at her death). I added my son to my current life estate. I would like to make my son the sole owner now and end the life estate… read more
Expert James
Expert James
Doctoral Degree
11,684 satisfied customers
If someone has a life estate and only owns 25 percent of
If someone has a life estate and only owns 25 percent of said home can other owners demand a walk through to be sure house is still in good shape? … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
My mother has a life estate,she is going through a divorce
My mother has a life estate,she is going through a divorce now,after the courts are done she whats to be taken off the life estate and turn it over to me,It is in my name and hers,has nothing to do wi… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
I am a sole practitioner estate planning and probate
I am a sole practitioner estate planning and probate attorney. I have been in practice for 32 years. I have an inventory of approximately 1,000 cases … read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers
In granting a life estate to his wife for his 50% interest
In granting a life estate to his wife for his 50% interest in a property, my dad's trust states " The Grantor's spouse shall be granted a life estate in the following real property (insert name of pro… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x