Elderly mother went to an assisted living after husband dies. She always thought eventually she would go back to the home, so the kids/she never sold it. Now it has been more than 3 years in assited living and it has become obvious she is not going to get back to the house. Is there any exception that would get the gain back into the 121?
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Check out page 6-18 of TTB. The ownership and use tests go down to one out of five years for an individual who goes into a nursing home.Originally posted by registered-ALMOST -
1 out of 5
She currently is in assited living, does that qualify as nursing home? The next stop is the mursing home.Comment
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It doesn't say it has to be a nursing home. The nursing home is an example of something that would qualify for the 1 out of 5 year rule.
The rule is that an individual is physically or mentally incapable of self-care. Assisted living is the in-between of nursing home and regular house. Maybe the person does not need 24 hour medical care that is provided in a nursing home, but such person still cannot care for themselves without assistance.
I think it would be a facts and circumstance thing. Some people use those facilities out of convenience. Others really need to be in a nursing home. It all depends on the person's ability or lack of ability to care for themselves.Comment
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