If your brother-in-law would like to compensate you for caring for him by giving you the house, he may want to do so by signing a Lady Bird Deed (officially called a General Warranty Deed Reserving Extended Life Estate) before a notary and recording it in the county deed records. This will pass title on his death and free of Medicaid estate recovery.
If he gifts the house to you while he is alive, he will lose eligibility for nursing home Medicaid for a period determined by the fair market value of the home divided by $212.50 (2020). For example, if the home is worth $212,500, he will not be eligible for 1000 days. However good a caregiver you are and however much he wants to avoid a nursing home, at some point it may be the only alternative.
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.
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