Hello: my mom who is 75 years old and wants to transfer her home to me. She also wants to explore the option of selling the house first and buy a new house in my name. please advise us on what is the best course of action. Should we get the current housing transfer to a trust and sell it or after selling should we buy a new house and transfer it to a trust? She is currently healthy but wants to protect her assets in case she needs Medicaid in the future. She doesn't have any other assets. Thanks
It never ceases to amaze me how many people want to try and skirt around using their own assets to pay for their care, but would rather instead take advantage of our government to pay for their care when your mothers home could be sold and those proceeds go towards any future care she may need.
Medicaid is for those folks who really need it and your mother more than likely will need it down the road, but for now she should have to use her own assets(home) first before taping into government funds.
That's the way I look at it anyway.
Her house is her only asset and should be used to fund her in a private pay facility, that is what the proceeds from her house should be used for, her care.
IMO Medicaid is a last option for those who run out of money.
If your Mom pays the real estate tax on the house, she won't be able to claim the tax as a deduction on her income tax because she doesn't own that house. Those taxes are big chunks out of one's budget. Then it would be up to you to pay the real estate tax. Will Mom pay for any house repairs, such as a new roof, new appliances, new furnace or central air conditioning? You can pay for those things and write it off as a business deduction, but only if your Mom is paying rent, and the rent must be the going rate, not a deep discount. Mom would need a signed Lease that spell out the conditions.
As for putting a house she doesn't own into a Trust, doubt that is even possible. Ok, even if both names are on a Trust, to protect Mom's assets she would need an Irrevocable Trust which means she, nor you, can touch any assets in that type of trust. So if there is a medical emergency, the funds are frozen, until she passes.
I don't mean to be rude here, I never been a fan of someone trying to "hide" assets from Medicaid. Why should us taxpayer pay for your Mom's care when she has equity in a house?
We are not financial advisors
Any transfer of property by an elder to another may jeopardize their ability to get governmental assistance when/if it is every needed.
It is time to see an Elder law attorney with all of your questions.
We all wish you good luck.