Caring for my mother. Lived with her my whole life. She was just diagnosed with dementia. Is it too late to transfer our house into my name? Only her name is on the deed.
Yes, too late, but in terms of taxes you don't want it transferred anyway. If it's transferred, when you sell it, you'll have to pay capital gains taxes on any profit between the price Mom paid for it (the cost basis) and the sale price. If you inherit it, your cost basis becomes the value of the house the day Mom dies and when you sell, it would be taxed only on the difference between your cost basis and the sale price. Could be a huge difference.
Talk to an attorney and a tax person to determine the best course of action.
Carding4her42, putting oneself onto a Deed isn't a good thing to do, income tax wise. You might face a large Capital Gains tax when you sell the house later on as your math basis would go all the way back to when your Mom had purchased the house.
If you inherit the house, the tax basis goes only back to the day of your Mom passing.
That alone is something to think about.
Best to speak with an Elder Law Attorney to see what is the best approach regarding your Mom's assets.
First, I don't see where the deed not being turned over to you would mean you would lose the house. Do you see Medicaid for Mom in her future? If so, then the house is an exempt asset. I would think you as a long standing resident would be allowed to remain in the home. Are you disabled? On Social Security Disability? There is so much when it comes to Medicaid and each state is different.
At this point, like said, Mom can no longer enter into a contract if she has been diagnosed with Dementia.
Carding4her42, it may or may not be too late for your mother to gift you her house. Given that she has been diagnosed with dementia, she should consult with an attorney to see what her options are. A dementia diagnosis, by itself, does not mean that a person is automatically and necessarily legally incompetent to sign legal documents, such as power of attorney (POA) and property title transfers. A reputable elder-law attorney should be able to determine her competency to sign legal documents as well as to otherwise advise her in matters such as her possible future need for Medicaid assistance. Medicaid rules vary from state to state, but I believe most recognize the value of adult children caring for parents in their own homes and thus have provisions that do not leave such adult children homeless. Indiana's Office on Aging should be able to provide you with a list of reputable elder-law attorneys and also provide other valuable information. Kudos to you for taking care of your mother. Best wishes to both of you in this journey.
As always, you can consult an elder law expert, but if there are no other assets and you can no longer care for her at home, you don't have much to work with.
The lawyer can help you look at how any other assets might best be used and if there is any way the caregivers exemption might be used to help you out. Be prepared to discuss how much longer you could care for her at home, and how you personally could pay the home's expenses after that.
Edited to add: if she is still competent, get her POA, medical directive, will, and other paperwork in order soonest.
Talk to an attorney and a tax person to determine the best course of action.
If you inherit the house, the tax basis goes only back to the day of your Mom passing.
That alone is something to think about.
Best to speak with an Elder Law Attorney to see what is the best approach regarding your Mom's assets.
First, I don't see where the deed not being turned over to you would mean you would lose the house. Do you see Medicaid for Mom in her future? If so, then the house is an exempt asset. I would think you as a long standing resident would be allowed to remain in the home. Are you disabled? On Social Security Disability? There is so much when it comes to Medicaid and each state is different.
At this point, like said, Mom can no longer enter into a contract if she has been diagnosed with Dementia.
The lawyer can help you look at how any other assets might best be used and if there is any way the caregivers exemption might be used to help you out. Be prepared to discuss how much longer you could care for her at home, and how you personally could pay the home's expenses after that.
Edited to add: if she is still competent, get her POA, medical directive, will, and other paperwork in order soonest.