You be the Lawyer

30 Sept 2023 · 1 min
0:51

In this short instructional video, Jerry Taylor narrates a real‑life estate‑planning scenario. An elderly mother, who bought her house 30 years ago, transferred the title to her three adult children five years ago. She later requires long‑term care and applies for Medicaid. Jerry explains that because the transfer occurred more than five years ago, the home is exempt from Medicaid’s asset‑look‑back and will not be seized. However, the children now wish to sell the house and will face capital‑gains tax on the appreciation that accrued over the 30‑plus years, because the gift gave them the mother’s original cost basis. Had the mother passed the house to them through a will or a trust, they would have received a stepped‑up basis equal to the fair‑market value at her death, resulting in little or no capital‑gains tax. The video’s purpose is to warn viewers about the tax consequences of gifting property versus bequeathing it, and to encourage proper estate‑planning to avoid unexpected tax liabilities.

Chapters

More from Jerry

0:14
youtube.com

comment workshop.free still need plan to keep people out of court. learn how to in less than an hour

3mo ago
7:56
youtube.com

Will vs Trust Explained in 8 Minutes (By an Estate Planning Lawyer)

3mo ago
1:16
youtube.com

The Fine Print

3mo ago
0:37
youtube.com

July 12, 2026

3mo ago
0:19
youtube.com

Your will put your house in probate

3mo ago
0:50
youtube.com

It’s a loan

3mo ago
0:21
youtube.com

Your Will Doesn’t Fix This

3mo ago
9:21
youtube.com

The ONLY Estate Planning Video You'll Ever Need

3mo ago
0:14
youtube.com

July 4, 2026

3mo ago
0:28
youtube.com

Phone lock

3mo ago
0:43
youtube.com

Medicaid wants the house

3mo ago
See all content