Legal Question in Elder Law in Massachusetts

Can Medicade collect when property transferred?
Property owned jointly by siblings. One (over 65 yo) moves out and subsequently transfers her third share to her daughter. They request buy out by other siblings. Both mother and daughter are on Medicaid and SSI. Will the payment made to them be liable to seizure by the state? Is this a fradulant conveyance?

Asked on 1/08/08, 2:38 pm

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Re: Can Medicade collect when property transferred?

First, it is not a fraudlent transaction; if you pay the fair market value.

Second, if medicaid has a lien on the property for her interest, that lien must be paid regardless of the gift.

If the gift was made less than 5 years ago, Medicaid has a right to the money and therefore should be notified of the transaction.

To be blunt, the payment will be subject to seizure by the State.

I am not familiar with SSI rules so you would need to ask them if they have to be notified as well.

Answered on 1/09/08, 11:03 am

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