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I need help navigating transfer of home to heir before I…

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I need help navigating...

I need help navigating transfer of home to heir before I need a nursing home (GA)

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

GA

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

There is a time limit as the nursing home may be weeks away from happening.

Submitted: 5 months ago.Category: Legal
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Answered in 2 minutes by:
11/17/2017
Lawyer: Ray, Lawyer replied 5 months ago
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 46,463
Experience: 30 years in civil, probate, real estate, elder law
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Lawyer: Ray, Lawyer replied 5 months ago

Medicaid here has a five year look back period.It is possible to do a sale for fair market value and have the person carry the note.A long term note here say 30 years is done, the person also wills the note to the buyer so that payments are made for only the time the nursing home resident lives.Since this is a 30 year note it gets payments down pretty low.The note has to be unsalable or the person has to turn around and sell it for medicaid. Gifting here is absolutely prohibited by medicaid only a sale here will work otherwise the person gets penalized for violating in the 5 year look back period.

You will need a local estate planning lawyer to do the sale if you want to keep eligibility and get property out of the person's name.Otherwise if you say quit claim it medicaid will fag it as a gift.

I appreciate the chance to help you today.Thanks again.

If you can positive rate 5 stars it is much appreciated.

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Lawyer: Ray, Lawyer replied 5 months ago

Reference to look back

Individuals in Georgia are allowed to keep $2,000 when they apply to Medicaid for long term care. If they are over this amount, they must spend down on care. It is important to note, that individuals are not allowed to give gifts of any amount for a period of 5 years (60 months) prior to applying to Medicaid. If an individual's assets are more than $2,000, they should learn about Medicaid Planning strategies. This asset limit only applies to assets that are considered countable assets.

Couples that both require Medicaid for long term care in Georgia are allowed to keep $3,000 in assets. If there is one spouse that requires care, and one that does not, the spouse that does not receive care is referred to as the Community Spouse. The Community spouse is allowed to keep up to $120,900 in countable assets.

The maximum amount of home equity allowed when applying to Medicaid is $560,000. Desipte the fact the home is not a countable asset, Medicaid, can look for repayment in probate court from the proceeds of a sale after it stops paying for care. It is important to understand if your home may be subject to the Medicaid repayment process.

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Customer reply replied 5 months ago
The house has been promised to an heir in exchange for home based nursing services over the last 5 years. Is there any way to transfer it?
Lawyer: Ray, Lawyer replied 5 months ago

Lawyer here put in your city in Georgia

https://www.naela.org/Public/About_NAELA/Public_or_Consumer/Find_an_Elder_Lawyer/Find_an_Elder_Lawyer.aspx

I appreciate the chance to help you today, And no there is not , it is considered a gift I am afraid.Please don't shoot the messenger.

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Lawyer: Ray, Lawyer replied 5 months ago

You can do a sale with long term note where you only make a few payments, person is not going to live too long likely here.

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Lawyer: Ray, Lawyer replied 5 months ago

Otherwise it will appear as a gift here and they deny medicaid.

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Lawyer: Ray, Lawyer replied 5 months ago

Thanks again and thanks for rating 5 stars.Be real careful medicaid reviews any such transfers.

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