A year ago my mom gifted her house to her my sister. Within a year they made it hard for my mom to live in the house and gave her three days to leave. She is now in independent living. The house was up for sale and my sister badgered her to give her the house. Can in the future I get the house back if I can show it was a planned thing and my mom was treated poorly. My mom still talks to her because she says it is her daughter and she gave birth to her. She tells me that she doesn't want the house back because my sister has health problems and  cries. My mom is 91. What can I do?

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kp, do you know if the Deed to that house has been changed to eliminate your Mom's name and put onto the Deed your sister's name? Has said Deed been filed with the local court house? If not, then your Mom still owns the house.

Oh how I wish parents wouldn't deed a house over to a grown child. It is so much better to leave the wishes of the house placed in a Will. If deeded now, then when the time comes for your sister to sell the house, the Capital Gain Taxes will be based on the price that your Mom had paid for the house. If the parent had owned the house for many decades, that could be costly.

If the house is left via a Will, then the taxes would be based on the price of the house at the time of your Mom's passing.

And let's not forget there could be in issue with Mom having to pay a Gift Tax on the house. A parent is only allowed to give to a child $14k each year.

Another biggee, what if your Mom needs to sign up for Medicaid [which is different from Medicare] to help pay for her housing in a nursing home, should she need a higher level of care. Medicaid would see that Mom gift the house within a 5 year window. Oops, the value of the house would be detected from Mom's care. Then what? Who would pay for Mom's care until Medicaid does kick in?

Run, don't walk, to your nearest "Elder Law Attorney" to find out what can be done.
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Absolutely see an Elder Care attorney.
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You may be able to access the deed online through the clerk and recorder website.

Gifting the house will create major problems if mom needs Medicaid with five years.
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