Lexington, NC asked in Estate Planning and Elder Law for North Carolina

Q: My dad will need assisted living in the near future. In NC can a non-family member purchase the condo

and turn around and sell it to my wife and I to avoid a home getting it to pay for his assistance?

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1 Lawyer Answer

Charles Evan Lohr

Answered
  • Estate Planning Lawyer
  • Raleigh, NC
  • Licensed in North Carolina

A: A person’s primary residence isn’t considered a countable asset for Medicaid purposes if they intend to return to the home (this is a very low standard to meet) so owning it wouldn’t impact his eligibility to qualify. Any cash that he received from the sale of the home would count against his Medicaid eligibility, however.

If he keeps ownership of the condo, the main issue would be Medicaid seeking estate recovery after his death. There are a number of ways to avoid this. Feel free to contact me if you’d like to discuss further.

Evan Lohr

Attorney at Law

(919)348-9211

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