What is the Family Caregiver Exception Rule ?

It appears that you would fit the family caregiver exception. You would be required to reside in your mother's home for at least to years prior to her needing nursing home care and would have to show that you provided care that helped to prevent her from entering a nursing home prior to her actual entry date. PA Department of Welfare will still submit an estate recovery claim against the estate. You will have to submit the case facts to the PA DPW to receive their "blessing" and clear the claim.

As far as probate avoidance, if the house is in your mother's name, you will have to have probate to transfer the property even if you are within the family caregiver exception. You will also likely owe inheritance tax even if you fit the family caregiver exception because the property would be taxable in your Mother's estate.

You should certainly consult an elderLaw and Probate attorney in your area. This is an important issue to resolve and well worth the representation cost.

www.utbf.com\trust-estate