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Can We Sell Family Farm If Co-Owner in Nursing Home?

  • May 17th, 2024
Q
My mother and her two sisters equally own their family farm. One sister is looking at going into a nursing home. How could this affect their ability to sell the farm? 
A

Do any of them live on the farm? The Medicaid rules with respect to real estate are very different depending on whether it’s a home or an investment property. There are in fact special rules for transfers of homes between siblings but not for transfers of investment property. Also, the effect of a sale will be different depending on whether it is during the life of the nursing home resident or after her death.

These are complicated issues, and we recommend that your mother and her sisters consult with a local elder law attorney.

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Last Modified: 05/17/2024

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