Legal Question in Elder Law in Michigan

My mom, aged 89, lives in Michigan and has her only home up for sale. She has stated that when it sells it she wants to give each of her five children whatever amount is allowable to give under the tax laws from that sale. She receives no government help at this time and shares a home with my sister. If she has to go into a nursing home in the future and needs to have government help can the government come back and take away the money she has given to each child? My brother says yes, would like clarification. Thank you.

Asked on 12/25/11, 5:42 am

2 Answer from Attorneys

Glenn Matecun Matecun, Thomas & Olson, PLC

Short answer, we have a five year lookback period in Michigan so any transfers (gifts) within five years of your mother entering a nursing home could cause problems. There may be options, but I wouldn't do anything before consulting with an elder law attorney.

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Answered on 12/25/11, 6:00 pm

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