Q: My mother’s home was sold 7 months prior to her passing. Do we have to go through probate because it was <1 year?
No Medicaid involved; proceeeds are in a joint savings account.
A:
Based on your summary there would be no probate ()assuming that mother had no other assets in her name).
The 1 year lookback you appear to be referring to is for PA Inheritance Tax purposes. If the house was sold to an unrelated 3rd party then the house is not included in tehe Estate assets for PA Inheritance Tax purposes. However, you mention right at the end that the funds from the sale of the house were deposited into a Joint savings account. There are separate rules for joint accounts and how they are taxed for the PA Inheritance Tax. And a caution on those rules is that since the funds were deposited into that joint account within one year of the date of death that may increase the amount of the account that is subject to the PA Inheritance Tax.
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