Regarding "sibling exemption" for transfer of my sister's home. She currently has lived in my home for 4 months in 2022 & 3 months in 2021. Any advice?

The rules on stuff like this are a stickler for details…… like you have to have a drivers license or other fixed date notated paperwork that clearly shows your address was showing Sissys home address for the full year or what time period PA needs. Realistically you need to have a PA based atty with Medicaid exemption experience to guide you on this.

On the resale resale shop. Would it be at all possible for you to sublet it to someone? Alot of sm. biz shuttered down due to Covid and now cannot find a storefront to reasonably rent.

fwiw on the preciseness of details…. for the caregiver exemption in TX you had to be able to show ID or DL with the address for 2 years prior to the elders entry into a NH and could not have a FT job elsewhere (as your “job” was caregiving) plus also have a document from the elders MD or SW with details as to the care needed for the 2 years and it had to have their signature and state license info. It is a different exemption but is an example of just how precise things need to be. The devil is very much in the details on doing stuff like this.

I can't specifically find info on PAs sibling exemption. I did find basic Medicaid rules. If you can copy and paste what you have been able to read, it would help us understand what you are talking about.

"How Does the Sibling Exemption Work?
To qualify for the sibling exception, the sibling must have an equity interest in the home. This means the sibling is part owner of the home, with the siblings sharing ownership. In general, proof of equity interest might include a deed (a legal document) indicating ownership, cancelled checks / money orders showing payments for mortgage and / or utilities and / or taxes, or proof of payments for home upkeep / improvements. Based on the state in which one resides, proof of equity interest may vary. For instance, in New York, equity interest is defined by the ability to receive a portion of the proceeds if the home were to be sold. Evidence of this is the individual’s name on the property title.
The sibling must also have lived continuously in the home for a minimum of one year immediately preceding the institutionalization of the other sibling.
The term “institutionalized” can be a bit misleading. While it does encompass persons who are nursing home residents and persons residing in a medical treatment facility who require a nursing facility level of care, it also includes persons who receive home and community based services (HCBS) via a 1915(c) HCBS Medicaid Waiver. This means that the individual may continue to live at home with Medicaid-provided long-term services and supports. Persons may also live in adult family care homes (adult foster care) or an assisted living residence.
When the above conditions are all met, the full title of the home can be transferred to the non-institutionalized sibling, giving that sibling full ownership of the home without jeopardizing the other sibling’s Medicaid eligibility. Note that the home can be transferred before or after Medicaid eligibility has been established. Either way, if all the conditions of the sibling exemption have been met, the transfer of the home will not impact Medicaid eligibility.
A sibling can be a biological or adopted sibling of any age. It is unclear if a step-sibling qualifies."

The first sentence says it all for me, you must have an "equity interest" in the house. In other words, you need to partially own it. It also says the sibling has to have lived "continuously" in the house for 1 year prior to to the other sibling going into a NH. So ur sister staying with you would not apply to that year. You must stay in her house.

I think what you need to do is see an elder layer. I hate to see you give up everything to find you have no right to her house. Medicaid is federally funded and they have criteria. States have some leeway, but basically the same rules.

Thank you for the feedback. I researched PA "sibling exemption" & it is specific " house can be deeded to a sibling as long as sibling lived with the sick sibling in her home for 1 year". The 1 year is not my concern. My concern is because she has lived with me in 2022 for 4 months & continues to live with me & lived with me for 3 months in 2021 & I have been her caregiver in both time frames, can the months she lived with me be counted towards the 1 year. When I first saw this exemption, it did not mention the "living with sibling", further investigation states in PA & determining the 60 month look back, the living with sibling is clarified, but doesn't discuss "what if" sick sibling lived with caregiver sibling. It doesn't state that the sibling home is being deeded to has to be the caregiver,can be deeded to any sibling. She had no children. Anyone familiar with PA "sibling exemption" please provide feedback.
Thamks

Was just reading another post and realized the the Caregiver exemption is only for children of the person who will be receiving Medicaid.

"In common usage, a caregiver is someone who cares for an adult with health or functional needs. Conversely, under the caregiver child exemption, a caregiver is an adult child who lived in the parental home and cared for them for at least two years before the parent moved to a nursing home or assisted living facility. This care must be substantial enough to delay the senior person’s relocation.
Under the ruling, a caregiver must be a biological or adopted child. Therefore, stepchildren, foster children, grandchildren and other relatives are not eligible for the caregiver child exemption, even if they live in the senior person’s home and provide care. 
The home the qualifying caregiver lives in must be the senior person’s primary residence. These include condominiums, mobile homes and separate apartments in the same complex but do not include summer or vacation homes."

In NJ you have to be a caregiver for two years living in the persons house to be considered for "caregiver exemption". You being left the house is kind of null and void once Sis is on Medicaid. Its an exempt asset when she is living but an asset when she passes. Medicaid can recover the money they spent on sis's care thru the house. A lien will be placed on it. That lien will need to be satisfied once the house is sold. The only way you may be able to get the house is proving you were her caretaker. You have to have lived in the house before she went on Medicaid and prove you can pay mortgage, taxes, and upkeep to stay in it. If ur granted caregiver exemption, be aware that the lien will remain on the house. If you sell or die, the lien will need to be satisfied. I am giving just the basics. What u need to do is talk to an elder lawyer to see what you can do.