Without researching the laws of all 50 states, I BELIEVEthat five years satisfies most (if not all) the requirements for this maneuver.
That means that the parent gets some extra money and the property stays in the family.
The parent must consent to the sale.
If you are "permanently and totally disabled" as defined by Social Security and living in your parent's home, your parent can probably transfer the home to you without penalty.
No they can not make you put your parent in a nursing home.
Of course. As long as he is of sound mind and not a victim of fraud or undue influence he can do whatever he wants to with his property. An aging parent will often transfer property to a child who has been of extraordinary help to that parent or who needs more help than his other children. It's up to the parent to decide what he does with his property.
Pros: It allows the parent to retain the right to live in the property until their passing, potentially providing stability and comfort. It may also offer some protection for the property from being taken to pay for nursing home care. Cons: This arrangement could complicate the parent's eligibility for Medicaid if they need to enter a nursing home, as the property may be considered an asset. It may also limit the family's ability to sell or transfer the property if needed.
Generally, being incarcerated does not take away a person's property rights. However, if there is a mortgage to pay, property taxes, insurance and utility bills, the property could be lost for non-payment. If you are dwelling in the property and paying for the upkeep and maintenance, then you should request your parent transfer ownership to you. If you need to manage the property for your parent then he/she must execute a Power of Attorney that names you as the attorney-in-fact. That would give you the authority to stand in for your parent, sign your parent's name and manage the property. The parent could also transfer ownership to the children if he/she will be incarcerated for a long time. The situation changes when a parent is found criminally responsible for the death of the other parent. In that case the incarcerated parent's right to any marital property is wiped out and title passes to the children. You should seek the advice of an attorney in your area who could review your situation and determine what your rights and options are.
Nothing as far as visitation is concerned.
If the parent owns the property they can convey it to the grantee of their choice.If the parent owns the property they can convey it to the grantee of their choice.If the parent owns the property they can convey it to the grantee of their choice.If the parent owns the property they can convey it to the grantee of their choice.
Lorraine Olszewski Walker has written: 'Parent-infant nursing science' -- subject(s): Maternity nursing, Research, Parent-Child Relations, Methods, Maternal-Child Nursing 'Strategies for theory construction in nursing' -- subject(s): Philosophy, Nursing Models, Nursing mocels, Nursing, Nursing Theory, Nursing models
You need to file a Propositon 58 with the Assessor's office. This is an exclusion for reassessment when the transfer of the real property is between parent and child. To get the full exclusion you must file within 3 years of the tranfer/recoradation, otherwise the exclusion would begin with the current fiscal year.
You may have to have a probate court rule on ownership before you can legally sell or give away the property.