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Daniel Solutions
Daniel Solutions, Divorce Lawyer
Category: Family Law
Satisfied Customers: 9934
Experience:  Practicing Attorney for over 15 years
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My mom is 93, she has a house in NY which she is selling.

Customer Question

My mom is 93, she has a house in NY which she is selling. She lives with me & my son (18 )who has spent the last 22 months at home with her while I work 3 jobs, so that she would not go into a nursing home. I have 3 sisters who could not take our mother. She will most likely be going into a nursing home in NY. My son will be going to college in 6 months. Will she be able to pay my son for her care for the last 22 months when she sells the house??
Submitted: 5 years ago.
Category: Family Law
Expert:  Daniel Solutions replied 5 years ago.

Thank you for allowing us to assist you with this problem.


Your mother can always pay your son for the care he provides. However, if you are trying to ask if she can use it as a way to spend down her assets prior to going into a nursing home, that may be suspect assuming your son is not a certified home healthcare aid or another person licensed in the medical community. The funds given to your son may be viewed in the Look Back Period for her qualification. The way to help achieve your intended goal would be to draft a short written contract setting out the terms of his work and payment. This way it is formal and he would be required to declare the money as income for tax purposes.



Customer: replied 5 years ago.
We are not able to have a home health care provider come in for 24 hrs. My Son has put his life on hold for almost 2 years. He has been with my Mom (who can not walk & has to have someone with her 24 hrs.) My son has not been able to work nor go to school during this period. Neither my son nor myself has been compensated since my mom has been with us. My mom will not have any money until the house is sold & that will be the only time she will be able to compansate her grandson. Will this still be viewed in the Look Back Period? And will a written contract prevent this? THANKS!
Expert:  Daniel Solutions replied 5 years ago.
As I mentioned before just a transaction will be reviewed so you need to create a written document. She can make payment due upon the sale of he house but he must still treat it as income if he wants to survive a Medicaid review of her assets. If he declares the money as income that should be sufficient along with the written contract.;
Daniel Solutions and 2 other Family Law Specialists are ready to help you
Customer: replied 5 years ago.
THANKS! I really appreciate your GREAT answers!
Expert:  Daniel Solutions replied 5 years ago.
You're welcome. I wish you and your family well

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