If my mom is going to need to move into a nursing home soon and she owns her house, can she deed it to a family member?

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If my mom is going to need to move into a nursing home soon and she owns her house, can she deed it to a family member?

I heard she has to do that 5 years prior to going into assisted living. Any suggestions?

Asked on July 19, 2011 under Estate Planning, West Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your situation.  I would strongly suggest that you seek consultation from someone in your area to discuss the matter in depth.  It is true that assets like houses transferred within certain time frames prior to entering in to a nursing home are looked at with a fine tooth comb and that those transactions can indeed be set aside. I would not, however, give up hope that something could not be done in your favor here.  It is just that there are a lot of factors that need to be looked at and this forum does not allow that.  Get help from someone that can give you advice.  Good luck.


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