Tacoma, WA asked in Elder Law, Estate Planning and Probate for Washington

Q: Can my mom lose her home to medicaid if she gifts it to her minor grandchild before apply for assisted living or HH?

My mom doesn't want to lose her home but wants to avoid a trust. She needs to apply for home health or assisted living but they told her she will need to sign her home over to them. Her home is paid off. If she can how should this be done with her miner grandson being under 18?

Thank you in advance for your help.

1 Lawyer Answer
Keith Armstrong
Keith Armstrong
  • Estate Planning Lawyer
  • Spanaway, WA
  • Licensed in Washington

A: More than likely you mom's home will be vulnerable to Medicaid attachment. If she keeps the home, they can require her to turn it over to pay for her future care. If she transfers it, sells, quit claims it to her grandson, Medicaid will have a "lookback period" either 3 years or 5 years to look back to see if your mom transferred any asset away from her estate. Then Medicaid can attach the house or funds for reimbursement. There is no way to defeat the lookback period. An irrevocable trust would be helpful but the lookback period would still apply. We hope for you mom good health past the lookback period so Medicaid can't touch it. If there is a way to finance your mom's care pas the lookback period, you could have possibilities, but seeking an estate planner or probate lawyer in your county would be very helpful for you.

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