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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 35297
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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My father died in Arizona in 2013. He didn't have many

Customer Question

My father died in Arizona in 2013. He didn't have many assets. He had no will. Before he passed he signed the title to a 1963 Chevy and asked me to get it transferred to my son. My son was going through brain surgery at the time and could not take care of the title. After he passed, I signed the title and had a friend take it to motor vehicle for me with my ID because I was caring for my son just home from the hospital and I was packing up my parents home after my dad passed. It was registered in my name. In the meantime, my sister took my mother to Texas to live with her. (My mother has dementia). The home they lived in was foreclosed on. The truck was left in Az. in storage. I took my son and went to Minnesota. It has been 2 years. My mother is now in a nursing home in TX and has gone through all of her money. My sister who is POA now says that Medicare says I have to sell the truck and put the money into her account so that they can take it. The truck is not running, and has front end problems. I had it appraised however and it came back with a value of 9,500.00. Does Medicare have the right to demand that I do this? I have no problem helping my mom, but I know my dad wanted this to be my son's when he was well. In addition, if I sell it, even though it is going to Medicare, am I responsible for reporting it on my taxes?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

Does Medicare have the right to demand that I do this?

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Unfortunately yes, because this would be considered a "countable asset" that would affect mother's eligibility for Medicaid because there is a $2,000 limit in assets to be eligible. Medicaid has a 5 year "lookback window" for any transfers of assets out of an applicant's name so the truck would have been transferred within that 5 year window. So the truck has to be sold and the money go towards paying for mother's care until it is spent down so she only has $2K in assets so as to be eligible for Medicaid to pay for further care.

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There is no tax reporting for you since this was a gift that you would be selling and giving the money back.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Barrister replied 1 year ago.

I am sorry, but I can’t engage in a private one on one phone call as that could imply an attorney-client relationship which I am prohibited from entering into under my independent contractor agreement with JustAnswer.

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I am more than happy to answer any questions on JustAnswer's public website though..

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thanks

Barrister

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