Tuscola, TX asked in Elder Law for Texas

Q: We are 84 and 86 years of age. The doctor has advised us to move closer to our son in Clyde, Callahan County, Texas,

We live in Hamby Shackleford County, Texas. We have been told if we sell our property and buy one in Clyde that the IRS or someone can take our new bought property if we don't live for three to five years. They said it is a law. Is this correct?

My husband has dementia and Parkinson disease. We would move so our son can help me with him.

Related Topics:
2 Lawyer Answers
Terry Lynn Garrett
PREMIUM
Terry Lynn Garrett
Answered
  • Elder Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: You heard wrong. If you have lived in your home for two of the past five years, you will not pay capital gains tax to the IRS on any profit from the sale. If you use the profit to buy a new home and live in it, that new home will not be counted in determining financial eligibility for Medicaid if/when one of you needs it. Talk with an elder law attorney about getting your ducks in a row.

Tammy L. Wincott agrees with this answer

1 user found this answer helpful

Tammy L. Wincott
Tammy L. Wincott
Answered
  • Elder Law Lawyer
  • San Antonio, TX
  • Licensed in Texas

A: I am sorry about your husband's condition. My father suffers from dementia/Alzheimer's and it is heart-breaking to see. I hope that your son will be able to help; unfortunately, my father is in PA.

I agree with Ms. Garrett 100%. Please contact an estate planning attorney before making any life-altering decisions. Please, do not rely on a website, of any sort, to provide you with the correct information. There are many attorneys who are affordable and excellent at their jobs. Best wishes.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.