Legal Question in Elder Law in Massachusetts

Re: Elder Law

I think it is 24 months -- but if you call them or look online (at the government site) you can find the answer with certainty.

Re: Elder Law

I am assuming that you are looking at a Massachusetts nursing home, as the Florida rules will differ.

Under Massachusetts Medicaid law, any assets transferred prior to February 6, 2006 are subject to a look-back period of three years from the first date of the month in which the gift was made. Currently, for every $267 gifted, there is one day of disqualification. If the house was SOLD, there may not be any disqualification at all, provided that the sale price was at least the same as the value placed on the property by the town's Board of Assessors. In either case, you need to have the deed and related financial documents available.

I have over a decade of elder law experience and would be pleased to review your mother's situation with you. Please feel free to call me.

Re: Elder Law

The look back period for transfers prior to February 6, 2006 is 3 years in MA.

If you purchased the property for its fair market value, assessed value, there may be no look back period to apply. If you did buy it for less than market value, the gift portion of the sale would be that you would lose one day for every $267 of gift.

Good luck.