How do we do a house transfer,not purchasing it just transfer

Is your FIL transferring the house to avail himself of Medicaid in the event his needs nursing care? If so, your family should be speaking to an Elder Law attorney. Your FIL might transfer the property only to have a sale forced to pay Medicaid. Your having credit card debt would not affect your ownership. If the credit card companies sue you for the balances, you might have a judgment placed as a lien against the property. But just having debt does not affect your ownership. If you are concerned about the amount of your debt and your taking ownership of the property, you might want to talk to an asset or estate planning attorney to help you determine the manner in which to accept title. This answer does not constitute legal advice and does not and is not intended to create an attorney-client relationship. The law may vary depending on the state in which you reside. It is intended only to give some direction in which to seek assistance.

First, your credit card debt has nothing to do with receiving a gift of real estate. Second, the prior Illinois attorney is not licensed in Massachusetts and should not be giving advice about Massachusetts law. In 12 years of Massachusetts elder law practice, I've never seen or heard of MassHealth ordering a sale to cure a disqualifying transfer. If your father-in-law needs the state to pay for his skilled nursing care in the next five years, the agency simply will determine that he is disqualified for public benefits UNLESS your husband qualifies as a "caregiver child." To qualify as a caregiver child, he has to have documented evidence that he lived with your FIL for at least two years immediately prior to institutionalization and provided care which kept him out of a skilled nursing facility. If that's not the case and MassHealth says that the transfer is disqualifying, your father-in-law will be forced to come up with the funds to pay for the nursing home or you may be put in a position where you need to give the property back to him to cure a disqualifying transfer. There are also potential income tax issues in making a transfer for all parties which should be reviewed prior to any deed being signed. The smartest thing your FIL can do is see an experienced elder law attorney and review the pros and cons of any transfer.

I agree with Attorney Golden's answer to your question. Your father-in-law should consult with an elder law attorney before making the contemplated property transfer. Also: You should make sure you can manage your credit card debt if your father-in-law is going to transfer his property to you. If you default on your creidt card debt, your credit card company could bring suit against you to recover the debt. The property you received from your father-in-law could be attached if your credit card company obtained a judgment against you. Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice. Circular 230 Disclaimer: Any information in this answer may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.