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How do I remove my mother’s name from the title to my (our) home?

ADDITIONAL INFORMATION:

My mother is 97 years old with dementia such that she needs 24 hour care. She is destitute and on Medicaid and is represented by an elder law lawyer who is her court appointed guardian. I am considering the possibility of selling our townhouse and moving to be near one of my children. I am not in a good financial place myself, another reason to move to somewhere less expensive with one of my children to keep an eye on me should it be necessary. I am 73 and without employment and with only my husband’s and my social security which do not come to enough to live on.

ANSWER BY MARGARET CROSS-BELIVEAU:

You were not clear on how your mother owns her home. You can’t take your mother’s name off an asset and give it to yourself without running afoul of Medicaid transfer rules. You may be able to qualify as a caretaker child if you had lived with her for at least 2 years and your care postponed her entry into the nursing home. If that is the case, it is possible to transfer interest to you. You need to consult with her court appointed guardian and possibly an elder law attorney to represent you individually.

Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.

Beliveau Law Group: Massachusetts | Florida | New Hampshire

The elder law attorneys at the Beliveau Law Group provide legal services for estate and asset protection planning. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.

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