Can my mom gift her 40 acres to me and my brother?

Q: My mom is taking care of our step-father at her home and we don’t know how much longer she can. He has Parkinson’s Disease. My mom is 82 and she has health problems also. She is on Xarelto. (Somerset, PA)

A: This is too complex of a question with too little information to answer. If either or both of your mother and step father are on the deed, and in the next five years should need to apply for Medicaid, yes there may be an issue. Medicaid has a 5 year look back on transfers for no consideration (gifts). Also, if either needs to liquidate their property to pay for nursing care, that is their right, as it is their property. If they are concerned, have them make an appointment with an attorney who is versed in estate planning and Medicaid regulations.

If you feel like this issue relates to you, or a problem that you are experiencing, please contact me so that we can discuss your situation.