Legal Question in Elder Law in New York

I am a 61 y/o widow, own my house ( mortgage remaining), and I want to transfer title over to my 2 adult children, so, if and when I may need extended care if due to illness, I do not want legal/financial hassels. what steps do I need to take.

Is there any free advise for me. thank you.


Asked on 5/22/11, 9:35 am

1 Answer from Attorneys

David Leon David L. Leon, P.C.

I'm not really sure of your objective. Are you trying to qualify for Medicaid? Also, I don't know your full financial background. If Medicaid compliance is your objective (so you can qualify for Medicaid backed long term care), then there are a few things that you need to pan for, and a quick question on a free site isn't the best approach.

To answer your question, you can make an enhanced life estate transfer (a/k/a ladybird deed) to transfer your house upon your death.This allows you to live in your house during your life, and it will pass to your children automatically at your death. (The children will still be subject to any remaining mortgages, liens and taxes.) This would be in conjunction with a comprehensive estate plan. Do not do this yourself.

I strongly recommend you hire a Medicaid planner or elder law attorney ASAP. There's a lot that can go wrong.

Dave

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Answered on 5/22/11, 9:57 am


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