QUESTION

my mom has property , can i have it changed over to my name or my sisters before she passes?

Asked on Jun 24th, 2019 on Wills and Probate - Ohio
More details to this question:
my mom is in a nursing home not doing well. She has only been in for a month because she fell and broke her shoulder then while taking some xrays they found cancer. I am the executer of the will. She has a house and property that she still has a mortgage on. She wants to change the will or be able to turn the property/house over to me or my sister without us having to pay a big fee. There is a brother and another sister also they don't care what happens to it. none of us have a lot of money we would just like the house to stay in the family. Mom is still able to make up her mind and verbally say what she wants. I am also the P.O.A. of all things for her.
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1 ANSWER

Wills Attorney serving Austin, TX
2 Awards
While your mother may have legal capacity to gift her house or change her Will, if she is using Medicaid, the house will still be subject to the Medicaid Estate Recovery Program and she will have committed Medicaid fraud -- unless Ohio has a transfer on death deed and a rule that Medicaid can only recover from what passes under the probate estate.  The latter seems highly unlikely.  Check with an Ohio elder law attorney.  You can find one using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org). The mortgage likely has a "due on sale" clause and would be accelerated (due now) if your mother transfers the house, whether now or in her Will. Please also think  about taxes.  If your mother gifts the house now and the person receiving it later sells it, they will owe capital gains tax on the difference between the net sale price and the price at which your mother bought the house.  If your mother gifts the house on death, whether by Will or by a transfer on death deed, and the person who receives it later sells it,  they will only owe taxes on the difference between the net sales price and the value of the house on the date your mother dies.  In either instance, if the home has been the person's home for two of the previous five years, the first $250,000 will be exempt ($500,000 if they are married and it has also been their spouse's home for two of the previous five years.)    
Answered on Jun 25th, 2019 at 5:10 AM

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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