transfering home

UPDATED: Oct 1, 2022

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transfering home

what are the steps to take when somone is in hospice and they want to transfer a
home in somebody name

Asked on August 29, 2017 under Real Estate Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Speak to an estate planning attorney--you may not be able to do this if the person's care has been paid for by Medicaid and/or if he has other debts, not unless he sells the home to someone for its fair market value.
1) As a general rule, transactions made to defraud creditors can be set aside and reversed: you can't transfer a home to a friend, a family, a trust, an LLC you own, etc. for less than market value, for example, just to protect it from creditors.
2) More specifically, Medicaid and the state health agenices funded by Medicaid can look to reverse any less-than-market value transactions made within 5 years of a person's death, if the person was in a nursing home, hospice, etc. paid for by Medicaid or similar programs.
When someone tries to "transfer," not sell, a home shortly before death, that therefore may be a transaction that can be reversed or undone. That's why you want legal advice before doing anything.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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