Quick Answer: If selling a parent's home could affect Medicaid eligibility, an estate plan or who has authority to sign, meet with an elder law attorney before you list. Medicaid reviews asset transfers made in the 60 months before an application, so how sale proceeds are handled can matter as much as the price. A power of attorney also has to grant authority over real estate for the agent to sign the listing and the deed. As an SRES® (Seniors Real Estate Specialist®), I coordinate the sale around the attorney's plan, not the other way around.
By Scott Selleck, KW City Views Realty | November 10, 2026
When someone calls me about selling a parent's house, the first question I ask is not about the kitchen or the roof. It is this: has the family spoken with an elder law attorney yet? The answer changes how, and sometimes whether, we should list.
In this video I explain how my work as a Seniors Real Estate Specialist fits together with elder law planning, using my work with attorney Marisa Helmig of the Manley Helmig Law Group as the example.
Why talk to an elder law attorney before selling a parent's home?
Because some mistakes in a home sale cannot be undone after the closing.
A house is often the largest asset a parent owns. Selling it turns that asset into cash, and cash is treated differently from a home in many planning situations. If long-term care, Medicaid or an estate plan is anywhere in the picture, the attorney should see the plan before the listing agreement is signed.
Watch at 0:16 why a move is more than a real estate decision
What questions should the family bring to the attorney?
Start with these. Your attorney will add more.
- Who has authority to sign? Is there a durable power of attorney, and does it specifically cover real estate? Is the house held in a trust or in joint names?
- Could the sale affect Medicaid eligibility? Medicaid looks back 60 months at asset transfers. Gifting proceeds to family can create a penalty period.
- How should the proceeds be held? Where the money lands after closing may matter for eligibility and for the estate plan.
- What about taxes? Capital gains, the home sale exclusion and New Jersey seller forms all belong with a CPA or the attorney.
- Is there a better option than selling? Sometimes keeping, renting or transferring the home fits the plan better.
I am a licensed real estate agent, not a tax advisor or attorney. Nothing here is legal or tax advice. These are the questions to bring to the people who can give it.
Helping a parent decide what to do with their home? I will coordinate with the family attorney and lay out the options before anything is listed. Request an appointment in the Meet with Me section below, or call (201) 970-3960.
What does an SRES agent add to the process?
Training and practice in the part of the move that is not about the contract.
The SRES® (Seniors Real Estate Specialist®) designation is a National Association of REALTORS® designation with training in housing transitions that involve estate, care and legal planning. In practice, that means I plan the sale around the family's timeline, coordinate with the attorney, the CPA and the move manager, and make sure the next home fits current and future needs. I cover the partnership benefits at 1:53.
How does the sale itself change when planning is involved?
The timing and the paperwork usually get the most attention.
Closings may need to line up with an application date, a care move or a court approval if there is a guardianship. The listing agreement, contract and deed must be signed by the person with legal authority. I build the timeline with those dates first, then plan the preparation and marketing around them.
For the practical side of the move, see my Bergen County downsizing guide for 2026 and what long-time homeowners should know first.
By the Numbers
- Medicaid look-back period for asset transfers: 60 months (42 U.S.C. 1396p(c)(1)(B))
- SRES® (Seniors Real Estate Specialist®): a National Association of REALTORS® designation
- Bergen County single-family median sale price: $835,000, September 2026 (NJ REALTORS Local Market Update)
- Bergen County single-family median days on market: 34, September 2026 (same source)
The Bottom Line
When a parent's home sale touches care, Medicaid or an estate plan, the attorney sets the plan and the agent executes it. Make that call first, then call me.
Frequently Asked Questions
Can I sell my parent's house with a power of attorney in NJ?
Often yes, if the power of attorney is durable and grants authority over real estate. The attorney and title company will confirm before closing.
Does selling a house affect Medicaid eligibility?
It can. Sale proceeds count as an asset, and transfers made in the 60 months before applying are reviewed. Ask an elder law attorney before you list.
What is an SRES real estate agent?
An agent who holds the SRES® (Seniors Real Estate Specialist®) designation, a National Association of REALTORS® designation with training in housing transitions that involve estate, care and legal planning.
Meet with Me
Request an appointment or call me. Cell: (201) 970-3960 | Office: (201) 592-8900.
About Scott Selleck
Scott Selleck leads The Selleck Group at KW City Views Realty in Fort Lee. Licensed since 1993. Over 500 transactions closed.
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Scott Selleck | The Selleck Group
KW City Views Realty | Licensed since 1993 | Over 500 transactions closed
SRES® (Seniors Real Estate Specialist®) | e-PRO®
2200 Fletcher Avenue, Suite 502, Fort Lee, NJ 07024
Cell: (201) 970-3960 | Office: (201) 592-8900
[email protected] | SelleckSellsNJ.com
KW City Views Realty, NJ License #9236275, Broker / Sales Associate
Keller Williams Boca Raton Realty, FL License #SL3588731, Sales Associate
Keller Williams City Views Realty and Keller Williams Boca Raton Realty. Each office is independently owned and operated.
Broker compensation in New Jersey is fully negotiable and is not set by law or by any board or association of REALTORS®.
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