Legal Question in Wills and Trusts in Virginia
Children inherit house if one parent still living
When my mother passed away 9 months ago, my father had to move out of his house into an assisted living facility (he has Alzheimers). We have recently sold their house and now my father, who is 82, wants his children to split the proceeds. Can this be classified as an inheritance from our mother and thus be protected from the 5-year Medicaid gift rule?
Asked on 6/28/09, 5:04 pm
1 Answer from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
Re: Children inherit house if one parent still living
No, I would think not, but you may wish to check with an attorney who handles elder law issues for further advice on his particular matter.
Answered on 6/28/09, 7:56 pm
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