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Experience:  Texas lawyer for 29 years in Estate law
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My mom has been in longterm care for 5 yrs. (under Medicaid,SS,pensio

Customer Question

My mom has been in longterm care for 5 yrs. (under Medicaid,SS,pension) She owned nothing at the time she entered the nursing home. About 2 years ago her brother passed away and left my mom money from sale of his property. My mom wanted to gift it to her children but I am not sure she can? we are in Pa...
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.

Thanks for your question and good afternoon.

Can you tell me here whether she has actually touched the funds--have they been paid to her or is the estate holding them, and how much are we talking about??

 

It is critical to know for medicaid and SSI purposes whether this money is money that is coming in or already come to her.If you can give me more information I would be happy to assist you.I have been involved in medicaid and estate planning for many years, thanks..

Customer: replied 1 year ago.

She has not touched the funds and its a check for $26000.00. Our mom has mild to moderate dementia and actually had the check and placed in paperwork she had given me.. I actually had forgotten about the check...


When I was going through her monthly statement and other papers I found the check... I contacted the back and the check is still payable...


When our mom entered the nursing home she had owned nothing and lived there with our dad who passed after one year together in the facility of colon cancer...We moved our mom closer to me. WHo should I give the check to I am very confused....

Customer: replied 1 year ago.

This is money she has not received yet, as I stated I have the check. Also her base account is nearing her max. and we have also set up a funeral fund for our mom when money we had no idea came in from our dad. We dont want her to lose long term care....This is money she inherited after she had been in longterm for 4yrs.

Customer: replied 1 year ago.

hello did you receive my response...?


 


 

Expert:  RayAnswers replied 1 year ago.

Thanks for the update and your patience while I prepared your answer..If you cash the check here she looses her eligibility until the funds are spent down.She would become private pay here for that period so it is critical you don't cash this right away.

It is very possible here that an estate planning lawyer can put the funds into a master pooled trust or an annuity here.In that situation the MPT is established in her name or the estate purchases the annuity for her.Either way the funds have to go back the personal representative of the the estate and then paid directly to the MPT or an annuity is purchased .

Gifting is not possible because again that would trigger medicaid denial.The lawyer would seek to preserve the funds for her care while retaining eligibility from medicaid and social security.

You want a NAELA lawyer.This is the national academy of elder lawyers.They specialize in just such situations and can and resolve this here for her benefit.Since you have not cashed the check or deposited it technically she hasn't received it.

This is really important that you use a NAELA lawyer.Her medicaid here is worth probably $4-$5k a month(that what private care runs).

Locate lawyer here

http://www.naela.org/Public/About/For_More_Information/Find_an_Elder_Lawyer/Public/About_NAELA/Public_or_Consumer/Find_an_Elder_Lawyer/Find_an_Elder_Lawyer.aspx?hkey=01d28480-72a3-4294-8d32-554931fc26b4

It is possible that she can leave you any residual funds from either a MPT or an annuity.But medicaid may assert a claim ahead of you.

I appreciate the chance to assist you today.Please let me know if you have more follow up.Thanks again.

Here is a list of MPTs in PA, as you can see they are several.

http://www.specialneedsanswers.com/resources/directory_of_pooled_trusts.asp


A master pooled trust is a preapproved trust that medicaid has reviewed, it has lower fees than setting up your own individual trust.It is like a savings account if you will for her health care needs.

An annuity might also be possible this would pay her a small monthly sun under the resource and income limits of the programs she is on.The NAELA lawyer woudl make sure that it does not put her over here.This is an exact thing again the lawyer here would protect her eligibility at all costs.

Expert:  RayAnswers replied 1 year ago.

This video goes over some of the things that might be done here with the money to avoid affecting her eligibility by a NAELA lawyer.

http://www.youtube.com/watch?v=t-DU8tNkQck

 

 

Pooled Trust(MPT) explained simply for you.

 

 

http://www.youtube.com/watch?v=xbVVFOJYdpk

I wish you good luck with this.I am just very glad you have not cashed the check.If you have more questions just ask.Medicaid is a very confusing and unforgiving program.

 

I hope that you will be so kind as to leave a positive rating. If you do have any additional questions about my answer please click the "Continue Conversation Link" so I can provide you with a fully satisfactory answer. Please be aware that any rating of 1 or 2 is reflected as a negative rating and I receive no credit for my answers.

 


This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information.

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