It's normally five years, though could be less if your mother’s interest is relatively low value. However, we encourage you to consult with a local elder law attorney because there may be some exceptions available that could allow your mother to qualify for Medicaid without transferring the property.
If you rent out the property, it may be considered business property essential for self-support. If you don’t, it might be considered inaccessible if you and your brother refuse to sell it. A local elder law attorney could tell you what strategies are most likely to work in your state.
Harry S. Margolis practices elder law, estate, and special needs planning in Boston and Wellesley, Massachusetts. He is the founder of ElderLawAnswers.com and answers consumer questions about estate planning issues here and at AskHarry.info.
