Legal Question in Elder Law in Illinois

if my father is getting older and we are going to sell his house to pay for assisted living care. Can items such as an old car be given to a brother.

Car is only worth about $1000. My other brother is concerned that would be considered a gift and irs issues or if later when his money is gone before he dies that if he needs medaid asst. that might cause probs too.

we are also trying to get help from VA but they are slow. Brother is also worried about keeping some money from sale of father's house for burying him if VA doesn't come thru in time. said could take years to find his records.


Asked on 5/27/15, 11:12 am

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

A gift of a $1000 car does not raiser IRS issues. The brother could obtain an appraisal and pay that amount to Dad, so it is not a gift. You can pay for a pre-paid funeral without raising issues with public aid.

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Answered on 5/27/15, 11:38 am


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