Gifting before entering nursing home
Hello,
My mother in law gifted my husband and myself $11,000. If she should need to go into a care facility, will this need to be paid back? She has no other assets.
2 Answers from Attorneys
Re: Gifting before entering nursing home
Probably yes, but more detail is needed to be certain. Also, some planning now may avoid the need to pay back part or all of the money. E-mail me if you want to discuss it further.
Re: Gifting before entering nursing home
The answer depends on whether the gift was made before the Deficit Reduction Act was signed into law on February 8, 2006.
Gifts made on or after that date are treated far more harshly -- the disqualification period will begin on the first day your mother is "otherwise qualified" to receive Medicaid overage. If the gift was made before that date, the disqualification period may have already run out.
Every state interprets this law differently, so I strongly suggest that you contact a local elder law attorney. Don't spend the money until you know the answer that applies to your mother's situation.
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