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What is the best route to take assuring my mother's house goes to me at her death. It is paid for and the deed is in her name.

Mckeesport, PA |

There are 4 of us. Mom's health is good but she is 86. She is low income. We have been trying to sell the house, but no one seems interested. Please advise. Will she be penalized by Medicaid if she sells or doesn't sale if something should happen that she needs care? She does not have a this the way to go or should we change the name on the deed to the 4 children?

Attorney Answers 5

  1. Your mom's residence is an exempt asset. Selling is not a good thing. Your mom really needs to meet with an Elder Law attorney to go over all her options. Transfer to a properly structured trust could help, but again, your mom needs to meet with an Elder Law attorney.

    The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or given me confidential information by posting on this public forum, and my answer on this public forum does not constitute attorney-client advice. IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein.

  2. Attorney Shultz is correct. It is vital that your mother meet with an elder law attorney as soon as possible. He or she will review your mother's matter and make sure that her assets are properly structured. Good luck to you and your family.

    This information is presented as a public service. It should not be construed to be formal legal advice nor considered to be the formation of a lawyer/client relationship. I am licensed in Connecticut and New York and my answers are based upon the law in those jurisdictions. My answer to any specific question would likely be different if I were to review a client's file and have the opportunity to interview the client. Accordingly, I strongly urge you to retain an attorney in your jurisdiction with respect to any legal matter.

  3. Have your Mother form a Living Trust to own the house and the other assets she wants you to inherit. See Avvo.Com under Find-A-Lawyer. Good Luck!

  4. Because you are concerned about losing the house should your mother need long-term care, yours is really an elder law question. Medcaid planning is complicated and fact specific What may work for one family may not for another. While you have provided some information, there is not enough. The answer to your question is "it depends." You should consult with an experienced elder law attorney who can tickle more out of the facts and probably come up with a good or at least workable solution. You can find an elder law attorney by using the AVVO Find a Lawyer searc or go to the National Academy of Elder Law Attorneys site at

  5. You want the house to go to you but you ask about changing the deed to all 4 children.
    You seriously need an attorney to advise you.
    A medicaid attorney can help protect the home for the family.

    The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

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