Our parents owned a house in Puerto Rico. When my dad died my brother and I inherited 1/2 the property my mom the other 1/2. My mom wants to sell the house and give my brother and I our portions and keep her portion to pay some out standing loans If mom goes into a nursing home can Medicaid go after the part my brother and I inherited upon dad's death. My mother is not currently living in the house. She lives with me in New York My brother lives in CA
1 Answer from Attorneys
If you and your brother's 1/2 interest in the property was passed to you via a valid estate planning tool, which it looks like it has, your portion of your inheritance would be safe from Medicaid attempting to recover it if your Mother needed to enter a skilled nursing facility. Her portion however may be available but that isn't what you specifically asked. Good Luck!
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