My mother, who receives Medicare, deeded her home over to me as a gift last year. The lawyer who handled the case told her that I would not be able to sell the property for 3 years or Medicare can take it from me. Is this accurate?
1 Answer from Attorneys
Re: Gift Deeds
I think either you or the lawyer may beconfusing MediCARE with MediCAID. The transfer of the house will prevent your mother from receiving MediCAID benefits for a period of time (the period may have changed recently), and an "estate lien" may exist if she has been on medicaid before the transfer. This is a complicated and changing area of the law, so ask the lawyer to check this out again, or consult a lawyer who practices in the "elder law" area.