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What happens to your house when you go to assisted living?

4 min read

According to the National Center for Assisted Living, over 800,000 Americans live in assisted living facilities. Deciding what happens to your house when you go to assisted living is a critical step in this life transition, involving both emotional and financial considerations.

Quick Summary

When moving to an assisted living community, your options for the house typically include selling it, renting it out for income, or keeping it in the family for heirs to inherit later. The best choice depends on financial needs, family dynamics, and emotional ties to the property.

Key Points

  • Selling Provides Capital: Selling the house offers a lump sum to fund assisted living, simplifying finances by eliminating homeownership costs and responsibilities.

  • Renting Creates Income: Renting out the property can generate steady income to cover assisted living expenses while retaining the asset for potential future appreciation.

  • Keeping Preserves Legacy: For family use, keeping the house maintains a legacy, but requires managing ongoing expenses like taxes and maintenance.

  • Expert Guidance is Crucial: Consulting with an elder law attorney or financial advisor is essential to understand the legal and financial implications of each option.

  • Estate Planning is Key: Integrate your home decision into a comprehensive estate plan, including creating or updating your Power of Attorney and will or trust.

  • Decision Affects Finances and Family: The choice has major implications for your financial security, tax obligations, and family relationships, requiring careful communication.

In This Article

Navigating Your Options for the Family Home

Moving to an assisted living community is a significant life event that requires careful planning, especially when it comes to the family home. The property represents a major asset, and the decision of what to do with it—sell, rent, or keep—has long-term financial and emotional implications. This comprehensive guide explores all the potential paths, helping you make an informed decision for your unique situation.

Option 1: Selling the House

Selling the house is one of the most common solutions. The proceeds from the sale can provide a substantial source of funds to cover the costs of assisted living, which can be considerable. A sale can also eliminate the ongoing expenses and responsibilities of homeownership.

The Pros and Cons of Selling

  • Pros:
    • Financial Resources: Provides a lump sum of cash to pay for assisted living fees, medical expenses, and other needs.
    • Simplified Finances: Eliminates mortgage payments, property taxes, insurance, and maintenance costs.
    • Reduced Stress: Takes the burden of property management off your shoulders.
  • Cons:
    • Emotional Loss: Giving up a home filled with memories can be difficult.
    • Market Risk: You may need to sell during a down market, impacting your return.
    • Capital Gains: Depending on your circumstances, you may face capital gains taxes on the profit from the sale.

Option 2: Renting Out the Property

For those who prefer to retain ownership of the property, renting it out is a viable alternative. This option allows the homeowner to generate a steady stream of income while retaining the asset, which can appreciate in value over time. It can also provide a stable income to offset the costs of assisted living.

Managing a Rental Property

If you choose to rent, you must decide who will manage the property. You have a few choices:

  • Hiring a Property Manager: A professional manager handles all aspects, including finding tenants, collecting rent, and coordinating repairs, in exchange for a percentage of the rental income. This is a low-stress option.
  • Designating a Family Member: A trusted family member can manage the property, though this can place a significant burden on them.
  • Self-Management (with Help): With assistance from loved ones, you could oversee management, though this requires careful consideration of your abilities while in assisted living.

Option 3: Keeping the House for Family Use

If your goal is to pass the home down to heirs or keep it as a legacy, you can choose to keep the property vacant or have a family member live there. This option preserves the emotional connection to the home and allows for future possibilities, such as an inheritance.

Legal and Financial Considerations for Keeping the House

  • Ongoing Costs: You will still be responsible for the mortgage (if applicable), property taxes, insurance, and maintenance. If the house is vacant, these costs are a pure expense.
  • Heir Apparent: If you intend for an heir to receive the property, you might want to explore legal instruments such as a trust or will to ensure a smooth transition.
  • Family Agreement: Clear communication and agreements are crucial if a family member is living in the house. This prevents potential disputes down the road.

Comparison of Your Housing Options

Feature Selling the House Renting the Property Keeping for Family
Financial Benefit Lump sum of cash Steady rental income Retain asset for future heirs
Financial Risk Market fluctuations at time of sale Vacancy periods, property damage Ongoing expenses without income
Emotional Aspect Closure, potentially difficult Maintain ownership, less sentimental loss Preserve legacy, strong emotional tie
Effort/Responsibility High initial effort, zero ongoing Ongoing management (with or without help) Ongoing maintenance and costs
Tax Implications Potential capital gains tax Rental income is taxable No immediate tax implications, but estate tax may apply

The Role of Estate Planning and Legal Guidance

Whatever path you choose for your house when you go to assisted living, it's essential to integrate the decision into your broader estate plan. Consulting with an elder law attorney or a financial advisor is highly recommended to understand the implications of each option.

Key Estate Planning Documents

  • Power of Attorney: Designate a trusted individual to make financial and legal decisions on your behalf, including those related to the house, if you become unable to do so.
  • Will or Trust: Specify how the property should be handled upon your death. A trust can be a valuable tool for managing the property's assets and avoiding probate.
  • Medicaid Planning: If you anticipate needing Medicaid to cover assisted living costs, understanding how your home is viewed as an asset is critical. In many states, your primary residence is an 'exempt asset' under certain conditions, but there are rules and look-back periods to consider. An attorney specializing in elder law can provide specific guidance.

Preparing the House for the Future

Whether selling or renting, there are practical steps you or your family can take to prepare the house:

  1. Declutter and Downsize: Sort through possessions to decide what to keep, sell, donate, or discard. This process is emotionally and physically taxing but necessary.
  2. Make Repairs and Upgrades: For a sale or rental, addressing deferred maintenance and making cosmetic updates can increase the property's value and appeal.
  3. Inventory Important Documents: Locate all deeds, mortgage papers, insurance policies, and other legal documents related to the property. Consider storing them digitally and securely.

For additional information on navigating the financial and legal aspects of senior care, an authoritative resource can be found at the National Council on Aging website.

Conclusion: Making the Right Choice for You

There is no one-size-fits-all answer to what happens to your house when you go to assisted living. The best decision is deeply personal and depends on your financial situation, family dynamics, and personal wishes. By carefully weighing the pros and cons of selling, renting, or keeping the property, and by consulting with legal and financial experts, you can ensure the outcome aligns with your long-term goals and provides peace of mind during this significant transition.

Frequently Asked Questions

Medicaid rules vary by state, but your primary residence is often considered an 'exempt asset' if you intend to return home or if a spouse or dependent lives there. However, it is subject to 'estate recovery' after your death to recoup costs. You should consult an elder law attorney for specific guidance.

The IRS allows a significant exclusion on capital gains from the sale of a primary residence. For single filers, it is $250,000, and for married couples filing jointly, it is $500,000, provided you meet certain ownership and use tests. Anything above that amount may be taxable.

If you retain ownership, you remain responsible. However, you can use a Power of Attorney to delegate these responsibilities to a trusted family member or hire a property manager to handle the tasks.

You can do either. Selling beforehand provides immediate funds, while selling after allows you to manage the move first. The timing can also be influenced by the real estate market and your financial needs.

If you don't have sufficient savings or alternative income, selling the house is often the most practical solution. The proceeds can be used to pay for your care, ensuring financial stability.

Yes, you can. It is crucial to have a formal rental agreement outlining the terms, rent, and responsibilities. Doing so can prevent future family misunderstandings and provide you with a consistent income stream.

To protect your house for your heirs, you can place it in a trust, which can help avoid probate and dictate how the property is managed. Discussing this with an elder law attorney is the best course of action.

References

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Medical Disclaimer

This content is for informational purposes only and should not replace professional medical advice. Always consult a qualified healthcare provider regarding personal health decisions.