Act of Donation/gift of Home to child

You really need to talk to an attorney who specializes in estate planning. There are very complicated rules around Medicare and nursing homes and putting assets in others names.

Everyone hates government fraud until they have to pay for a nursing home, then they’re totally cool with Medicaid fraud.

Hopefully you’re able to work around it without running afoul of the law. Speak to an attorney.

Would you really put your mother in a welfare type nursing home while you enjoy the fruits of her lifelong labor?

You don’t think a nursing home deserves to get paid to care for elderly people that need the care?

It is not that simple. First of all there is a five year waiting period before the government will recognize that the asset has does not belong to your mother.

It is not so much of a tax problem. A gift tax return would have to be filed, but that does not mean that taxes are owed because of the high threshold for estate taxes.

There is a big Medicaid exemption for the family home, so she may not need to donate it to qualify. But the state could go after the house after she died to seek reimbursement.

If mom gives away all her assets, then wants Medicaid within the 5 year look-back period that follows, those assets will count against her. She could be in a situation where she is truly poor because she gave you all her assets, but she does not qualify for Medicaid. You may have to pay full freight for her if she needs a nursing home.

This is not an area for amateurs. There are too many ways to screw up. Consult a lawyer who specializes in elder law.