Elder Law & Estate Planning: Can I Save My Home for My Daughter?
Three years ago, Mrs. Jones’ daughter, Susan, one of her three children, gave up her job in California & moved back to Pittsburgh to care for both of her parents. Mr. Jones died two years ago and Mrs. Jones’ physical condition has deteriorated to the point that she cannot leave her house by herself.
Mrs. Jones’ intent is to name Susan in her will as recipient of Mrs. Jones’ house to repay Susan for the sacrifices Susan has made in returning home to care for her parents. However, it is becoming clear that Mrs. Jones may have to go to a nursing facility because of her deteriorating physical condition. The question Mrs. Jones wants answered is what she can do to help ensure that Susan can own and live in the family home after Mrs. Jones no longer resides there, either due to her admission to a nursing facility or death.
Yes, parents can leave their home to a child by naming that child as a recipient of the house in the parents’ will. However, if Mrs. Jones were to do so, and prior to her death, needed to enter a nursing facility and have all or a portion of that nursing care paid for by Pennsylvania’s Medical Assistance program, the state would make a claim (called “Estate Recovery”) against those assets in Mrs. Jones’ estate being distributed under her will (Mrs. Jones’ probate estate).
For those whose niche is in eldercare, if you haven’t seen this latest program on WQED-TV, at your convenience you may want to check it out. For patients with a terminal illness the question becomes: who will write the last chapter?
We recently came across Fox Learning Systems which was founded in 1997 by CEO and President, Debra Fox. Prior to establishing Fox Learning Systems, Debra was a broadcast journalist. She founded Fox Learning Systems and has dedicated herself and her company to improving the quality of care of the elderly by providing innovative, online education to both professionals and the family caregiver.