How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask legalgems Your Own Question
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 7084
Experience:  Just Answer consultant at Self employed
Type Your Real Estate Law Question Here...
legalgems is online now
A new question is answered every 9 seconds

If I just quick claim a deed from my mother too me and my

Customer Question

if I just quick claim a deed from my mother too me and my brother will medicare denied her benifits
JA: Where is the property located?
Customer: florida
JA: Has any paperwork been filed?
Customer: i quick claimed it and my elder attorney said medicare would not allow benifits
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 21 days ago.
Category: Real Estate Law
Expert:  legalgems replied 21 days ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 21 days ago.

I am sorry to hear of your mother's declining health.

Unfortunately, the government will scrutinize gifts made in the past 5 years, and determine eligibility based on that. Essentially, if a potential recipient gifts, or transfers for less than fair market value, any property, then their eligibility is delayed.

The law is quite punitive, as often times gifts are made when the party does not expect to have the need for services. The state will determine a penalty period where the person is not eligible; basically they will take the value of the gift, dividing it by a number that represents the average cost (usually between $6-7000 per month) of private-pay care in a nursing home.

If the gift is 100% returned, then the person's eligiblity is reinstated.

Sometimes, if there is an extreme medical or psychological emergency, the state will waive the penalty under the undue hardship exemption. It is best to hire an attorney to assist with the application under such circumstances.

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned

5 stars 🌟🌟🌟🌟🌟*****

as I strive to provide my customers with great service. ☺️

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Related Real Estate Law Questions