Give Your House to Your Brother or Sister Exception

to 5yr Look Back Rule to Protect the Value of Your Home

If you and a brother or sister own a home together, and the brother or sister lived in the home at least 1yr before you entering a nursing home, then you can give your share of the house to your brother or sister preventing Medicaid from getting it.

Now you might be thinking, “If my home is one of the 10 exempt resources that Medicaid allows me to keep and still qualify for nursing home care, then why do I need to worry about protecting it?”  Here’s why.  If Medicaid paid for nursing home care, and the person later dies, Medicaid has a right to be reimbursed for the money it spent on that person’s care.

Let’s say you and your brother own the home you’re currently living in.  For this exception to work, your brother would have had to own the home with you 5yrs before you receiving nursing home care because of the 5yr look back rule.  Your brother would also have to live in the home at least one year before you entering a nursing home care.  Therefore, if you and your brother have owned the house at least 5yrs before you needed nursing home care, and your brother lived in the house at least for one year before you needing nursing home care, then Medicaid will allow you to transfer your ownership interest in the house to your brother protecting your share of the home.

By having your brother move in with you for at least one year before entering a nursing home, you kept the value of your share of the home in the family instead of having your house sold and the money paid to Medicaid.  If you didn’t make use the that exception to the 5yr look back rule, and Medicaid paid for 2 to 3 years of your nursing home care, a portion or the complete value of your share of the home may have to be paid to Medicaid.

Want Peace of Mind and a Complete Evaluation of Your Case? 

Call (610) 347-5035 NOW or Click HERE to Schedule a Consultation with Chester County Pennsylvania Nursing Home & Elder Law Attorney, Michaelangelo L. Dippolito.  Click HERE to see the attorney’s background.

Not Ready to Speak to an Attorney Yet?  No Problem.

Get this FREE Book and Consumer Protection Guide, Paying for Nursing Home Care in Pennsylvania, A Consumer Protection Guide on What You Need to Know to Protect Your Legal Rights.  Here’s Some of What’s in the FREE Book and Consumer Protection Guide:

  • What’s it Cost & Who’s Gonna Pay?
  • 10 Moves You Can Make to Qualify for Medicaid & Protect Your Life Savings
  • Critical 5 Step Process to Your Medicaid Claim for Nursing Home Care
  • What You Need to Know About Lawyer Fees
  • Arming Yourself with Knowledge is the First Step to a New Beginning
Click to get your Free Book

Still Not Ready and Want to Learn More Before You Move Forward?  No problem.

Click HERE for more information on Nursing Home & Elder Law in Pennsylvania, and remember, we’re just a phone call away at (610) 347-5035.

Michaelangelo Dippolito 

Chester County Pennsylvania Nursing Home & Elder Law Attorney with ThePeoplesLawFirm.com

CONNECT WITH ME

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I have known Mike Dippolito for 35 years; however, If he didn’t do an exceptional job representing me as a lawyer, I wouldn’t post this review. I hired Mike to represent me in a custody case. Mike clearly explained the steps he would take to prepare my case. As one step led to the next, Mike presented the scenarios we would encounter and he provided the legal basis for what were my best options. There was little emotional component to the decision-making. Mike presented the legal basis for my case and allowed me to make the final decision on how to proceed based on what the case law indicated the likely outcome would be. Ultimately, I never went to court, but the issue was resolved to my satisfaction. I highly recommend The Peoples Law Firm, and Mike Dippolito. The fee structure and methodology were agreed to in advance so there were no surprises. Given the stress of entering into a legal proceeding, I appreciated the lack of drama I had while dealing with my lawyer.

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I have known Mike Dippolito for 35 years; however, If he didn't do an exceptional job representing me as a lawyer, I wouldn't post this review. I hired Mike to represent me in a custody case. Mike clearly explained the steps he would take to prepare my case. As one step led to the next, Mike presented the scenarios we would encounter and he provided the legal basis for what were my best options. There was little emotional component to the decision-making. Mike presented the legal basis for my case and allowed me to make the final decision on how to proceed based on what the case law indicated the likely outcome would be. Ultimately, I never went to court, but the issue was resolved to my satisfaction. I highly recommend The Peoples Law Firm, and Mike Dippolito. The fee structure and methodology were agreed to in advance so there were no surprises. Given the stress of entering into a legal proceeding, I appreciated the lack of drama I had while dealing with my lawyer.

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