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Transferring house title to protect assets in case of nursing home care?

If an attorney advises you to sell your house instead of transfering it into a child's name to protect the asset in case you go into a nursing home - can you sue them if the state is now making you sell it? We were told not to transfer it into our names because we'd get a capital gain when we sold. We explained to the lawyer that we didn't care about that but that we wanted to retain the house as long as possible. Out of ignorance we did neither and now are being told we have to sell because we got "bad advice" (quote from the county case worker) from the lawyer. I'm not a big fan of suing but I think the attorney has an obligation to do what is right for the client and their individual situations. Are we just out of luck or is there somewhere we can turn for a Christmas miracle on putting it in our names now - at least for a while until we know that she will never be able to live there again? Thanks in advance for pointing me in the right direction.

Update:

I'm not trying to get the county to pay for her care. We've been paying for it for 3 years. But she has a rare treatable disease that less than 2 dozen people have. There is a lot to learn about this illness and I'm told by doctors that there may actually be many more who suffer from it but because they are senior citizens doctors rule it as Alzheimers rather than digging in further. I just want to wait until we know whether she can return home to live on her own. If she can't I have no problem selling the house and they can have all the $ they want from the sale of the house. Its not about the $ but about getting rid of her house before we know the outcome of this rare illness and how it will affect her.

2 Answers

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  • 1 decade ago
    Favorite Answer

    Contact one of your current affair shows in the country where you live. You will probably get more help from them than some of the solicitors in this world.

  • 1 decade ago

    If you pay for your own care or your relatives this should not be an issue. You seem to be wanting the tax payers to support someone with the ability to support themselves.

    I doubt you can sue the layer from refusing to commit fraud.

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