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MShore
MShore, Attorney
Category: Legal
Satisfied Customers: 25285
Experience:  Negotiate, Draft, and Review many complex commercial agreements each year.
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I have a family member in need. My brother is low income,

Customer Question

I have a family member in need. My brother is low income, part-time employee with no healthcare benefits and has two children. He is about to get custody for his daughter and will have her for six months. My contribution is to buy him a house in Michigan where he resides so he doesn't have to pay rent. My questions comes down to this: I'm not the most well-off person myself; however, I'm in a position where I'm willing to take out a second mortgage for my brother. Is there any relief for me from federal or state tax jurisdiction considering that this is a in-family charitable driven action? The second piece is that while I'm buying him the house to help, he will still need to get daycare and he has no insurance for himself or for his daughter. He is low-income; he makes around 15k a year. While not diagnosed, he does have issues that I believe are the sole reason he is the way he is. In layman's terms, he's not all there. It's heartbreaking because he knows enough to where he feels like going to a doctor to be diagnosed means there's something wrong with him which translates into his mind that there isn't anything wrong with him. Since he has this take on life, it's really hard to help him and I'm literally watching him fall apart and he will not live long like this. With this background, I need to get him help. Welfare, low-income health insurance options, programs, etc. Anything I can do to help him is what I need help with myself. The internet is full of dead pages and information that will not define anything to the point I know what my best options are. I really need to get him the help he needs. He's a hard worker - the guy would work 3 jobs if he could - he's always looking for work. He's the definition of what social programs are for and if everyone was of his caliber in terms of not abusing the system, there would be a lot more charitable types out there. He is exactly why programs exist and would be the canidate that you can feel comfortable knowing you truly helped out an American in need that is less fortunate that the rest of us. I really need all the help and advice I can get in this situation as well as what my options are that can help me help him if such things exist. Please advise me on the programs Michigan has to offer that he would qualify for to get the health insurance for himself and daughter as well as what I need to get him to do if he needs to be seen by a mental health specialist, etc to qualify for the help he needs. I really don't know where to start here but I need to help him.
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question.

Just to be clear, you wish to know if there are positive tax implications if you are going to donate within the family?
Customer: replied 1 year ago.

I need to know what I need to do to address all of the issues I mentioned above as well as what breaks are available for the given scenario for me. If I buy my brother a house but am ignorant to the fact there are programs out there that can help me do this under a non-standard house purchase (maybe charitable) what my options are. The second part is that I need to get him help. I will say that he's mentally challenged but a functioning adult with low income, two kids, no insurance. He's not receiving any aid from state or federal and I know he would be qualified for something. That's what I'd like to know.

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up.

Please permit me to split your question into two parts. To make it easier, I will respond to the issue about what potential options you have in obtaining help for your brother first, and then if you are satisfied with my answer, I will post a follow-up answer pertaining to real estate options. As those options are not really related, it may make it easier to discuss.

In terms of your brother being mentally challenged, you do have some options. You can potentially consider filing for guardianship outright and becoming his legal representative. You would be able to make legal decisions for him and run his household as well as conduct business and ensure his expenses are covered. This is very much a 'hands on' approach but if you are worried that he will be unable to care for himself, it is a good option. You would still be able to contact the state programs on his behalf (you do not have to use your own funding to maintain his household), and obtain welfare and Access benefits, as well as potentially file for Social Security Disability if he is now unable to work for himself. Each state has low income health insurance, please go to this link to shop around:

http://www.michigan.gov/mdch/0,1607,7-132-2943_52115---,00.html

Please let me know if you have any questions. Thank you!

Customer: replied 1 year ago.

I'm not really satisfied with your answer. He is able to work as stated in my initial request - he'd work three jobs. The site link you sent I had open prior to turning to this service for an answer. I don't feel I'm any better off than when I started here.

 

I'm looking for a matter-of-fact answer on what to do, who to call, etc? This answer is going to cost me top dollar for these services and I need to leave with something more than a website link.

Expert:  Dimitry K., Esq. replied 1 year ago.
Here is the issue, if he is working, he cannot apply for Welfare, Disability, or additional assistance since all of those options are based on his income. In other words, if he is earning money, he is not eligible for those benefits. I pointed those options out for you because there are no financial options otherwise if he is making too much money. If you feel that my research is worthless, you are free to not rate, but it is tough to find benefits for someone who is already earning funds. Disability is likely the best option, but even that has a limit of $720 that he can work per month to be eligible, and if he works for a greater amount, disability payments will be then cut off.

If you do not wish for me to go on, I will opt out and open this question to others. Please advise.
Customer: replied 1 year ago.

While I do think you gave me mediocre info, I don't feel that it meets the criteria of Thorough and Urgent so I will choose the opt out option to get others' advice.

Expert:  Dimitry K., Esq. replied 1 year ago.
Marc,

Not a problem--I have opened your question to others. Good luck and I hope others can assist you better.
Expert:  MShore replied 1 year ago.
Marc, I am happy to assist you by answering your questions. Please let me know if you would like to continue.
Customer: replied 1 year ago.

I would like to continue. I will have to leave soon as it is 2:11am on the East coast.

Expert:  MShore replied 1 year ago.
ok, in order that your question gets the attention it deserves, would you rather pick up tomorrow?
Customer: replied 1 year ago.

I will pick up on this tomorrow. Thanks.

Expert:  MShore replied 1 year ago.
ok, thank you. Speak with you then.
Customer: replied 1 year ago.

Hi MShore,


 


I've been forced to step away from this issue for a day so I wanted to pick back up when possible.

Expert:  MShore replied 1 year ago.
Thank you for the update. Please let me know when you would like to continue.
Customer: replied 1 year ago.

now?


 

Expert:  MShore replied 1 year ago.
I'm sorry, I was not logged on when you replied. If you tell me in advance when you would like to continue it may be easier to continue.
Customer: replied 1 year ago.

Hello, I'm confused by the delay. I wrote a short novel on the issue so what am I waiting for?

Expert:  MShore replied 1 year ago.
I can explain, on 11/1 you wrote: "I will pick up on this tomorrow. Thanks." I replied "ok, thank you. Speak with you then." Two days later, you responded "Hi MShore, I've been forced to step away from this issue for a day so I wanted to pick back up when possible." These statements indicated to me that you wanted us to be online at the same time to discuss this matter further. At any rate, regarding tax breaks/credits for assisting your brother, unless you can claim him as a dependent or you funnel the money to assist him to a charity, whom in turn passes it on to him, your money to him would actually have negative tax implications as a gift tax (as the donor you pare liable for this tax, for your reference see: http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Frequently-Asked-Questions-on-Gift-Taxes#1

Regarding programs to assist your brother, based on your exchange with the prior expert it appears you are looking for options that you have not already considered. I do not want to reiterate what you already know again, therefore it would be helpful for both of us if you can tell me what options you have already considered.
Expert:  MShore replied 1 year ago.
Do you have any follow up questions?
Customer: replied 1 year ago.

I've tried googling around on the subject and found the same site that was posted in the log. As a veteran, I find it really hard to believe that there's not really any help to provide the guy. If that is true, then it is truly sad.

Expert:  MShore replied 1 year ago.
I completely understand your frustration, and the unfortunate reality is that help is scarce. This is why you see so many veterans homeless or incarcerated (i.e. little financial assistance, thus they resort to other means).

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