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Thread: Buying property instead of family transfer? Realllly need help!

  1. #1

    Default Buying property instead of family transfer? Realllly need help!

    Hi! This is a long story that I'm going to try to condense....for years, my grandma talked about transferring the house that my mom and brother live in (on my grandparents' land) and several acres of land into my mom's name so that if my grandma or my grandpa went into a nursing home, the nursing home couldn't take the house away because of debts (also to protect it from future hospital bills, etc). So a couple of years ago, my grandma told my mom to have the land surveyed, and she'd sign it over, The surveying was done, but my grandma started going wonky in the head and refused to sign it for some mysterious reason. I think it was some temporary paranoia and she'd sign it now, and my grandpa definitely would, but the thing is...the cousin heard from a real estate lawyer that once the transfer is filed, it's not really final for 3 years, so during those 3 years, it would still be subject to debt collection. Right now, my grandma is becoming so incoherent and so prone to falling that it won't be long before the family puts her in a nursing home.

    So what I'd like to know is if it's possible for my mom to buy the house and land for the lowest nominal fee legal in Oklahoma, so it would immediately be hers. How would taxes be for that? Would the taxes be less if it was sold to my brother (since he's of direct lineage and my mom isn't)--I don't know if direct lineage makes any difference in Oklahoma. Would a real estate lawyer be the appropriate lawyer for my mom to go to?

    Thanks!!!

  2. #2
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    First, I would recommend that your grandmother consult with an elder law attorney. It is not that, if you grandmother transferred the house to your mother, that it would not be final for three years. It also not an issues of taxes that would need to be paid.

    The issue is that, if your grandmother needs to use Medicaid in order to pay for long-term/nursing home care, there is a three-year lookback period on transfers of assets. A person cannot give away assets in order to become eligible for Medicaid. If he/she does, Medicaid has a formula under which it would determine that the person must wait a specified period of time before being able to collect Medicaid. Thus, if your grandmother fails to do this right, she could be ineligible for Medicaid for a period of time and unable to receive the care she needs.

    Medicaid is also going to be suspicious if the house is sold at anything less than fair market value. The "lowest nominal legal fee" might not fly.
    I am not able to respond to private messages. Thanks!

  3. #3
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    If your grandmother is incoherent she may not be able to legally agree to a sale. Someone should be named her guardian.

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