My 83-year-old mother is currently in a memory care home. She is under Medicaid rules with me as the trustee of her trust account. How do I get her condo in my name before or after she passes?

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I currently live in and pay the mortgage on her condo. It is in her name and no will is in place. I have complete FPOA and wish to remain in the home after she passes away. There are no other siblings or family who would contest my having the home. I need advice on how to best get the condo into my name either before or after she passes. I know it will be more complicated after and would like to have it set up before. I can make the mort payments without difficulty and would like make sure I do not lose my home of 10+ years. Thank you all for your help in advance.

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The state is entitled to recovery their expenses from the sale of the condo. There are some exceptions, one of which involves a child or other relative who lived in that house and provided care that prevented the owner to need a care facility for 2 years.

So you may well be able to inherit the house with no lien AFTER Mom dies. Otherwise, as others have said, it is considered a gift your mother is giving to you. Big Trouble.

This is complex enough that consulting an Elder Law attorney is worthwhile.
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I also agree with the other writers, contact an attorney, especially a Elder Law Attorney.

With no Will, the assets will go into Probate and the Probate Judge will decide who gets what as per State law if there are other immediate heirs.

Since your Mom is on Medicaid, I wouldn't be surprised if Medicaid has a lien already placed on the condo. Medicaid would like to be reimbursed for the money they spent on taking care of your Mother. Otherwise, it would be the taxpayers footing the bill. There are exceptions where a grown child can keep the house, you would need to check with Medicaid.

If Medicaid wasn't part of the situation, one major draw back of putting your name onto a Deed is that when it comes time to sell the condo, you could be faced with Capital Gain taxes. This happens because the bases used to calculate the taxes goes all the way back to when your Mom bought the condo. If you inherit the condo, then the bases would be the value of the condo on the day you inherited.
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I do agree you need to see a lawyer.. but if you are the only child? It will all come to you.. but that means all debt as well as property. depending on how things are worded in the POA and will. You need to find out about the potential loan on the condo, as well as any debt. I am an only child and things went smoothly when dad passed. And it hopefully will when mom passes. Good luck!
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Get a lawyer. There may already be a lien on the condo. As there are some exemptions to Medicaid recovery, you need legal advice for your state and someone to review docs. Don't transfer ownership into your name as it could be seen as gifting and disqualify mother from Medicaid. Very expensive mistake to make.
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