The Bronx, NY asked in Real Estate Law and Elder Law for New York

Q: How can I get my father’s home in PR in my name?

In 2010 , my father built a house in PR. He had a stroke in Oct 2021 which left him unable to stand or talk. He lives with me in NY and I have a POA for him. He needs to apply for Medicaid quickly so he can get full time home care but hasn’t because we are trying to protect the house. I didn’t find a deed for the house but I’m pretty sure it is registered since the house has utilities and a home equity loan with Quebradacoop. How can he sell, transfer or donate to me, whichever is easier?

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1 Lawyer Answer
Elaine Shay
Elaine Shay
  • New York, NY
  • Licensed in New York

A: New York has a 60-month Medicaid Look-Back Period for Institutional (nursing home) Medicaid that immediately precedes one's Medicaid application date. During this period, Medicaid checks all past asset transfers to ensure no assets were gifted or sold under fair market value. However, generally an applicant to use assets to paydown debt without running afoul of the Look-Back Period.

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