ELDER LAW; ESTATES, LAND, OIL & GAS, WILLS & TRUSTS Q: Can I legally gift my oil, gas and minerals beneath my home/land, to my children, but, retain my surface/home estate? Yes, by deed; BUT: (a) if done within one A: year of death, an inheritance tax will apply; reason: a "gift in anticipation of death"; (b) if "Medicaid" is in the picture for parent...in order for parent to be "Medicaid qualified", the government will look back five years, see a "gift" which can disqualify, or postpone or limit Medicaid. ROGER J. GAYDOS ORNEY 724.745.4030 407 Oak Spring Road Canonsburg, PA 15317 ELDER LAW; ESTATES, LAND, OIL & GAS, WILLS & TRUSTS Q: Can I legally gift my oil, gas and minerals beneath my home/land, to my children, but, retain my surface/home estate? Yes, by deed; BUT: (a) if done within one A: year of death, an inheritance tax will apply; reason: a "gift in anticipation of death"; (b) if "Medicaid" is in the picture for parent...in order for parent to be "Medicaid qualified", the government will look back five years, see a "gift" which can disqualify, or postpone or limit Medicaid. ROGER J. GAYDOS ORNEY 724.745.4030 407 Oak Spring Road Canonsburg, PA 15317