Yes, be aware if the house is not in the trust any Medicaid she received can be recovered by Medicaid. A lien will be put on the house. If you resided there, were a caregiver or a disabled child, you may be able to continue to reside there. The lien will still need to be satisfied if you die or sell the home.
While it doesn't seem like a good idea to be thinking about inheritance while your mother's in hospice, it actually is a good thing to do. If you haven't already, locate the trust documents, the will, the deed to the house, any pre-paid burial arrangements, a personal property memorandum if there is one (not all states allows them), and any list of beneficiary accounts you can find. If you don't know in whom the house is titled, most counties have county property records online and you can find title information there. You will have a lot on your hands if you are both trustee and executor, so hiring a trust and estate attorney is a very good idea. There are time constraints and tax considerations to keep in mind so someone with expertise in settling a trust and an estate is a good thing.
If the house is titled to your Mom's name it is NOT in the trust. Were the home in your Mom's Trust then the TRUST would own the house upon her death. Were you the only beneficiary of the Trust then you would get the home. As it is your home will pass to you eventually if there is no medicaid clawback owed on it, but you will have to open probate and the will will have to be probated, which is a shame, because were the home titled to the TRUST then there would be no probate. If you are the only child, and the executor of will and Trustee of Trust upon your Mom's death then you will likely need to see a Trust and Estate Attorney to guide you through. You may need only a few hours of his or her time, but it will be invaluable. Be certain the attorney you get does settlement of trust and estate. Some only WRITE them and don't want to help with administration of the estate. Best of luck to you and I am sorry for your coming loss of your Mom.
Yes. The title is required to be updated when the owner passes.
Do you know where her will or trust is? Read it so you know what her plan is. It is also a good idea to check the title to see what it says , especially if it is supposed to be in a trust.
If you can’t find the [edited to delete “the will or”] trust, you face going through probate. If she is still competent you’d want to help her work with a lawyer ASAP, so that doesn’t happen.
After she passes, the lawyer will help you to file the original will with the court and submit the appropriate form to the county assessor, probably with an original death certificate, which will be returned.
In California, you will get two forms from the assessor back in the mail. One for the homeowners property tax exemption, one for the reassessment exclusion for transfer between parent and child. Respond to these promptly and follow the directions carefully so you don’t owe a lot more in property taxes. The rules have changed, so consult with a lawyer if you need to. It makes a big difference if the home is your primary residence and it is worth more than $1,000,000.
Unless you plan to sell within a year, you should also get a date of death formal appraisal done to minimize any future capital gains taxes.
If she has been on LTC Medicaid, educate yourself about Medicaid liens.
As always, if you want legal advice you can rely on, consult an appropriate attorney.
If the house is in a trust, the title transfer will be handled by the trustee after your mom's passing. If it is in the will, it will be handled by the executor and/or probate attorney.
Do you know where her will or trust is? Read it so you know what her plan is. It is also a good idea to check the title to see what it says , especially if it is supposed to be in a trust.
If you can’t find the [edited to delete “the will or”] trust, you face going through probate. If she is still competent you’d want to help her work with a lawyer ASAP, so that doesn’t happen.
After she passes, the lawyer will help you to file the original will with the court and submit the appropriate form to the county assessor, probably with an original death certificate, which will be returned.
In California, you will get two forms from the assessor back in the mail. One for the homeowners property tax exemption, one for the reassessment exclusion for transfer between parent and child. Respond to these promptly and follow the directions carefully so you don’t owe a lot more in property taxes. The rules have changed, so consult with a lawyer if you need to. It makes a big difference if the home is your primary residence and it is worth more than $1,000,000.
Unless you plan to sell within a year, you should also get a date of death formal appraisal done to minimize any future capital gains taxes.
If she has been on LTC Medicaid, educate yourself about Medicaid liens.
As always, if you want legal advice you can rely on, consult an appropriate attorney.