Legal Question in Real Estate Law in Massachusetts

Re: gift giving

If you are asking the question about making a gift and how it effects medicaid beneifts that is a little different from the question you asked.

As to your mother's ability to make gifts of her own property to each of her children as a matter of tax law she can make such gifts tax free.

However, with respect to the impact of your father's medicaid benefits for paying the nursing home that is something much more complex and more information is required.

Please feel free to contact me without oblgation if you require more information. Many nursing homes retain medicaid advisors who can assist you with planning without charge to assist patients and their families.

Re: gift giving

The short answer is "yes," your mother and father may make gifts to each of their children. If the gifts are under $10,000 each, then there is no implication of the estate and gift tax. The gift is non taxable to the recipient and, unless it exceeds $10,000, is non-taxable to the giver.

If you are trying to plan ways in which to best preserve your parents assets (so as to maximize availability of Medicaid funding for your father's nursing home care), then the planning requires more infomation in order to best protect their assets.

Please feel free to email or call me with any questions you may have.