Plano, TX asked in Elder Law and Estate Planning for Louisiana

Q: My mother is 86 and lives alone in her home of 56 years. I have been entrusted as executor of her will, and pay her

Bills. I have three older brothers that will split her estate with me evenly upon her passing as requested in her will. Can she gift or donate her home to us now without penalties to her or us?

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1 Lawyer Answer
Christie Tournet
Christie Tournet
  • Estate Planning Lawyer
  • Mandeville, LA
  • Licensed in Louisiana

A: Possibly. But, you really need to go over the specific circumstances with counsel well versed in estate planning and local to you. It is likely that no gift and estate tax consequence would arise given the current exemption of $11MM, but technically, a gift return could be required. Also, to the extent that your mother required government assistance via Medicaid, the donation could become a problem - potentially disqualifying her for a period of time.

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