Legal Question in Real Estate Law in California

Re: real estate plannning

First of all, the man cannot be your "dad" and your sibling at the same time! Whoever he is, whatever assets he has are potentially available to satisfy governmental liens for medical care.

Re: real estate plannning

A sibling is a brother or sister, not a parent.

MediCal will expect anyone with money or property to contribute something to their nursing care expenses, and this means there is a lien, or the right to a future lien, on any property your dad owns - money, cars, stocks and bonds, or an interest in a house. Furthermore, if he transferred any property to you, or anyone, for less than fair market value, that transfer is subject to investigation as a possibly fraudulent attempt to pass property along and avoid the lien, and the transfers may be set aside by a court if proven fraudulent.

If you are a co-owner, you have the right to live in the house as long as you continue to co-own it. You could lose the right if MediCal enforced a lien by foreclosure on the house, and it were determined that your being on title was the result of a fraudulent transfer. If you acquired your part interest long ago, before the nursing home was on the horizon, or if you paid fair market value, you probably have nothing to fear. I say probably because children are sometimes held to have some financial responsibility for their elderly parents.

I would re-ask this question under elder law or search Web sites discussing MediCal liens for more information. This is a rapidly developing area of law because MediCal is trying to keep a step ahead of the asset-hiders, so the rules are always changing.

Re: real estate plannning

I agree with the earlier answers.

Obviously, you can't be your father's sibling!

As already pointed out, Medi-Cal will get it's share after your father's death, and any transfer of the property, at this point, will most likely be considered fraud.

Also, do you mean reside in "state" or "estate"?...I cannot add anything to what has already been covered by Ms. Deming and Mr. Whipple.

Re: real estate plannning

I already answered this question, but, somehow, I am being asked again.

Please check my earlier answer. Thank you!