Legal Question in Real Estate Law in Wisconsin

Parents want to give us their house but want papers to say we paid them $150,000.00 for the house. How do we handle this


Asked on 12/12/11, 7:20 am

2 Answers from Attorneys

JAY Nixon nixon law offices

In addition to being illegal, involving oneself in fraudulent real estate transfer documents is wrong on so many different levels that I cannot even begin to list them. For example, it is likely to bring unintended consequences, such a form 1099 going to the IRS, stating that your parents had $150,000 in income and that you paid it. If your parents are trying to avoid the value of the home eventually being seized in order to reimburse the government for long term care in a nursing home or other publically assisted medical expenses, they should consult with an experienced estate planning attorney, since there are perfectly legal and honest ways of achieving many of the same goals. In addition to the authorities wondering where you got the $150K which you supposedly paid your parents for the home, the authorities might disqualify your parents from title IV (Medicaid) eligibility for the costs of long term care until the $150K which they "received" has been spent down by them in privately paid nursing home expenses. My comments in this public web forum are intended only for public educational purposes and are not legal advice specifically tailored to you and your case. Instead, you should retain a lawyer in order to meet your legal needs, since I will be taking no action on your case. Disclosure of confidential information in a public web forum is not recommended and is always subject to being used against you in court. You are welcome to contact my Racine, WI office at 262-633-3090 or email me at [email protected] for further information. Web forum answers may contain attorney advertising materials.

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Answered on 12/12/11, 8:38 am
Thomas Schober Schober Schober & Mitchell, S.C.

I think Attorney Nixon provided an excellent answer. What you are proposing is illegal and fraudulent.

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Answered on 12/13/11, 10:12 am


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