The gratuitous transfers have always been grandfathered in. The deed was purchased before the cutoff. If no monies exchange hands it is not a resale contract when transferred to family whether by death or transfer of dead for no monies to a relative.
After the announcement of the new rules in April, I sent a letter specifically asking whether the new policy applied to transfers to children via gift or will. They informed me that the new owners retained all benefits that I had.
If it's gratuitous you should be OK as noted really to any family member. The issue becomes when it's not gratuitous or is billed as such but really isn't.
After the announcement of the new rules in April, I sent a letter specifically asking whether the new policy applied to transfers to children via gift or will. They informed me that the new owners retained all benefits that I had.