Mira Loma, CA asked in Estate Planning, Real Estate Law and Tax Law for California

Q: Is there a way to claim a house from a trust and then transfer the deed of a house without it showing up on taxes?

A family member of mine was bequeathed a house from a living trust. He has not claimed it because he doesn’t work so he can get medi-cal to cover the medical care that he needs. Would he be able to claim it and transfer it to someone else without it affecting his qualifications for medical or his taxes etc.

1 Lawyer Answer
Julie King
Julie King
  • Estate Planning Lawyer
  • Monterey, CA
  • Licensed in California

A: No. Deeds are public records that anyone can see and receive a copy of simply by asking the County Recorder and paying the copying fee. Many counties have their deeds online for easy access. Also, be aware that there is a “look back period” before someone can qualify for some needs-based government benefits. That means, the government will look at all assets transferred from the person to anyone else in a certain period of time prior to applying for the benefits. So, if someone transferred a home then applied for benefits that have a two year look back period, the government would check what assets that person transferred to others during the two year period before applying for that benefit. I hope this helps!

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