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littlemisskitty Asked April 2017

What happens to Dad's stuff when he dies and if he gets put into a nursing home?

I lost my mom last year and live with my dad. He is currently caring for my grandma and me. He's getting up in years and I am trying to figure out how best to assign his assets. Since I'm his daughter what happens to his stuff when he dies and if he gets put into a nursing home, what will happen to his stuff? Is there a way to protect it from being taken even though I'm the daughter and not his wife?

freqflyer Apr 2017
littlemisskitty, it is not recommended that you add your name to the title on Dad's house. This would create a possible Federal IRS capital gains tax.  I noticed on your profile you live in Connecticut, so the Lady Bird wouldn't apply.

Also, with the 5 year look back, even if you did put your name on the Deed, Medicaid would consider it a "gift" from your Dad if he does apply to Medicaid within the next 5 years, and they could use your share of the house to pay for your Dad's care.

Hopefully your Dad will be around for a long time :)

geevesnc Apr 2017
Medicare doesn't look back at anything. Medicaid does. Does your dad have Medicaid? And, to avoid probate after death: Dad needs a Living Trust; Dad needs to name beneficiaries on retirement and bank accounts; Dad needs to look into Joint Tenancy with a Right of Survivorship. Lastly, consult an Elder Attorney for best advice. Hope that helps!

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ASusan48 Apr 2017
Definitely don't sell anything or change names on anything until you speak to an attorney - A1 Texas is right - a Lady Bird Deed may be the only way to save the house from Medicare estate recovery. And do it now - don't wait. I was trying to get this accomplished with my mother's home and waited too long - I kept putting it off because there were so many other things to take care of while caring for her - then she passed away before it was accomplished. Now I'm dealing with a house that needs major repairs (roof, etc) estate recovery and possible probate.

It sounds like your Dad may still be relatively young and healthy, so now is the time to do this - don't wait. Believe me, you don't want to deal with all of this after he's gone.

A1Texas Apr 2017
If you can check with an Elder Care Attorney first. But in my case, my attorney suggested a "Lady Bird Deed" for the property. This will keep the house out of probate and will not trigger the Medicare look back because it still is in his name. It only goes to you after his death. But check with an attorney for your situation.

littlemisskitty Apr 2017
House and Car. His investments I know you have to deal with probate but we were wondering if him putting my name on the house we live in together will protect it in case he gets sick or ends up going to a home at some point. I know Medicare looks back 5 years which is why we were trying to arrange some things now while he's still healthy.

ASusan48 Apr 2017
What "stuff" are you talking about here? Personal possessions? House? Car? Boat? Vacation home? Investments? Cash accounts? Retirement account? Swiss bank account?

I'm not being silly here - we need a little more info before we can help.

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