Mom is 84 years old and has just been diagnosed with parkinsons, she has a sizable real estate asset located in the state she lives (washington) that is free of any liens. My wife is the youngest of three girls and takes care of mom. The other two live out of state and have a very good phone relationship with her.

Mom is now worried that if she needs state or assisted care at some point the state will attach her real estate and leave no inheritance for her girls. She has decided to quit claim it to the oldest daughter in arizona.

Are there options that might better protect mom in her old age. I suggested a reverse mortgage but that would take from possible inheritance and OOOHHH Booooy you wanna see some girls get angry!

At 84 you should expect some level of security and signing everything over to the oldest may look good but anything can happen.

Any help or advice

Cvillecpm

Mom needs a will drawn up by an attorney who knows what to do with siblings and how to protect mom also.

Willing to eldest daughter will create more problems than it will solve.

newaukumdon

You are on the money. Money is the root of all . . . .. The problem or the solution depending on where you sit, is that should mom need considerable care that we may not be able to provide, the state will take over and possibly liquidate assets to pay for care and leave no inheritance. If the state were to take assets it would give the girls a common enemy and maybe save relationships.

Would a will and good attorney solve this problem, or a trust or some other legal response.

Fr_Chuck

The mom can deed it to all three girls,

But understand in most states if a person enters a nursing home within a number of years after such a transfer, they can still take a claim against the property. They view such transfers as an attempted fraud, in hiding the property of people, to not pay lawful charges.

So even after the transfer of the deed, the nursing homes can still go after the property for many years ( unless the other person is actually paying for the property)

But if she deeds it merley to the oldest, the oldest can just keep it, plus it will change how the property taxes are viewd, it will also change how the house insurnace, since it would now be "rental" property, since the owner is not living in the home. And it would change the way capitol gains on the value of the property is viewed.

newaukumdon

When we go to get legal advice we will be looking to accomplish the following
1-PROTECT MOM FOR THE REST OF HER LIFE
2-keep the state from taking her land (knowing that should she need care within the next three years the state will take it)
3-make it a fair and non-biased inheritance.
4-protect it from the possible mistakes ONE person could make without the advise of sisters.
5-protect it from the liabilitys of one of a 3-person ownership.

I hope I explained it well. We are seeking legal advise, would just like to have some info BEFORE we go.

Thank you for the helpful response

ScottGem

A good estate attorney, will be able to set up a trust that will help protect the assets.

mjinms

why not sign it over to all three? sometimes if a person has too much it can penalize the person form getting certain benefits. my grandmother had her house taken so she could qualify for medicaid-medicaare. can't remember which one. my aunt thought about buying it but the money would have caused problems for my grandmother. its best to divide up the home so there is no remorse.

newaukumdon

The five year rule precludes from transfering assets within a five year period without retaliation.
I think I have convinced her to keep it in her name. It is what she worked her whole life for and if any person wants to inherit they will work hard to keep her out of state assistance. money motivates.
Thank you MJINMS,
Don

Ernest carr

Check to be sure you won't be hit with a gift tax