Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

My step-father my be in need of going into a nursing home,

Customer Question
he was dio with liver...
my step-father my be in need of going into a nursing home, he was dio with liver problems, ive been taking care of him for the last past 2 years. he just now had a bad fall and asked me to move in, and he just now put my name on mobile home. he owns it also. if by any chance can the place be taken from me ? ive been in the place for 3 month now. also he has medicare not medicad. he pays for his insurance.
Submitted: 3 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 5 minutes by:
7/1/2015
Lawyer: Ray, Lawyer replied 3 years ago
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 48,863
Experience: 30 years in civil, probate, real estate, elder law
Verified
Hi and welcome to JA. I am Ray and will be the expert helping you today. If you are the legal owner then medicaid does not have a claim to it.They may review any transfers for the last five years.There is a look back period.The longer he can go here without medicaid the better it is for him since he gifted this to you they may look at it for eligibility.But medicaid cannot take it back. They may penalize him eligibility for a period if he gifted this to you. Here are the rules for look back.http://coulsonelderlaw.com/understanding-medicaid-lookback-transfer-penalty-rules/ But they have no legal claim here, they might penalize him for a bit if he applies in less than five years.. I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.
Ask Your Own Legal Question
Lawyer: Ray, Lawyer replied 3 years ago
Reference to the penalties in NJ..
When an application is made for Medicaid, there is a question on the form that asks if any transfers have been made within the previous 60 months. This is often referred to as the “5 Year Look-Back Period.”
For Medicaid purposes, if the Medicaid applicant (or the applicant’s spouse) transfers an asset without receiving adequate compensation in return, a penalty may be imposed. The penalty is a period of time where the applicant will be ineligible for Medicaid benefits.
Medicaid calculates the period of ineligibility as the number of months of skilled nursing care that the value of the transferred assets would have purchased at a rate (the divisor) set by Medicaid. For example, if the amount transferred was $77,570, the penalty period would be equal to $77,570 divided by $7,757, or 10 months of ineligibility for Medicaid benefits for nursing home care.
This is how they would calculate his penalty for gifting it to you here.He would be denied medicaid for a period of time.
Thanks again I appreciate the chance to help you and wish you the best here.Let me know if you have more follow up, it is not a problem.
Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Ray Your Own Question
Ray
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 48,863
48,863 Satisfied Customers
Experience: 30 years in civil, probate, real estate, elder law

Ray is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,658 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,843 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,266 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
Vancouver Real estate attorney. My partner and I bought a
My partner and I bought a house together in Vancouver Washington. He is 73 and I am 71, a dispute caused him to move out (he held a knife and choked me, I called the police and he went to jail for five days. His brother was able to get the charge dropped. He had a heart attack and was in the hospital for six days. His brother has him living in a nursing home he owns (brother) and Pat pays $2ooo.oo a month to live there. they are forcing me to sell because they say the government will confiscate the house to pay medical bills. I have maintained the house, paid the mortgage and all expenses alone by working weekly and I love my house nor do I want to move. his brother is handling everything so I need to know my options. Can the government force me to sell and receive 0 equity? No steps have been taken so far, nor any paperwork been done. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
14,147 satisfied customers
My mom went to a nursing home after her 4 day hospital stay.
My mom went to a nursing home after her 4 day hospital stay. Medicare says they will only cover the first 21 days. Ive read that they could cover up to 100 days. I need help. … read more
DamienJD
DamienJD
Attorney
Doctoral Degree
5,382 satisfied customers
I was told because I've been on SSD for more than 2 years I
i was told because I've been on SSD for more than 2 years I should already have medicare along with the Medicaid I'm on ? I just talked with a medicare person who agreed but doesn't know why it automa… read more
Ray
Ray
Lawyer
Doctoral Degree
48,863 satisfied customers
My brother has an active personal injury/nursing home
Hello. My brother has an active personal injury/nursing home neglect lawsuit going on that he expects to settle for a substantial amount soon. He wants to assign half of the proceeds to me as a pay ba… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
14,147 satisfied customers
My 80yo father will be moving from a nursing facility in WI
Hello - My 80yo father will be moving from a nursing facility in WI to my home in WA in about 2 months. He is rehabbing/PT from his 3rd knee replacement and his 100 day stay under Medicare will expire… read more
Ray
Ray
Lawyer
Doctoral Degree
48,863 satisfied customers
We live in NC. My question has to do with applying for medicaid
We live in NC. My question has to do with applying for medicaid for my 90 year old father. I am an only child. Both my mother and father moved in with my husband and I 10 years ago since their health … read more
Ray
Ray
Lawyer
Doctoral Degree
48,863 satisfied customers
My father is close to being placed in a nursing home due to
My father is close to being placed in a nursing home due to poor health and the need for 24/7 care. He has close to 8,000 dollars in his checking account which he has promised to me for caring for him… read more
LADYLAWYER
LADYLAWYER
Owner of my own law firm
Juris Doctor
6,438 satisfied customers
my father lives in ca. and is in a rest home maybe long term
my father lives in ca. and is in a rest home maybe long term my brother has general power of attorney. are there reperquations if he sells my fathers mobile home… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,266 satisfied customers
In regards to my previous question to you about my Dad being
In regards ***** ***** previous question to you about my Dad being in a nursing home and the home wanting to put him out... Mt stepmother also states that I need to pay back 9,000$ that I borrowed fro… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,350 satisfied customers
We are taking care of my wifes mother and we were taking care
We are taking care of my wife's mother and we were taking care of her father until he died in May of this year. He had two annuities a bond and cash in a checking account that he has willed to my wife… read more
FraudExaminerNate
FraudExaminerNate
Managing Member
Juris Doctor
286 satisfied customers
My father sold his home, took my mother off the dead via a
My father sold his home, took my mother off the dead via a court proceeding, she has alzhiemers and is in a nursing home,he added one of my sisters to the deed at that time. He took the profits put th… read more
martyburbanklaw
martyburbanklaw
Post-Doctoral Degree
5 satisfied customers
My father is retired US Army Officer. He was recently diagnosed
My father is retired US Army Officer. He was recently diagnosed with early stages of dementia. (age 86). He is now at Landstuhl Hosp. in Germany. He will be sent to the states to XXXXX XXXXX Hosp.. I … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,843 satisfied customers
RE Nursiing home, Medicare, personal resource drawdown. A
RE: Nursiing home, Medicare, personal resource drawdown. A relative is in a nursing home, recovering from a broken hip. She is also blind. If she is not able to return to her home, expenses will be dr… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers
I have an 82 year old father who has been in a nursing home
I have an 82 year old father who has been in a nursing home for the past 20 days covered by medicare. He was supposed to be released into my care today but now he has been diagnosed with pneumonia. He… read more
D. WINOGO ESQ.
D. WINOGO ESQ.
Hearing Officer/Attorney
Doctoral Degree
100 satisfied customers
My sister in law is power of attorney for her mother. She
My sister in law is power of attorney for her mother. She is no longer capabile of making her own decisions. She is and will remain in a nursing home they said and will not be going home. She only has… read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers
91 yr. old father was living in Rossmoor Gated commuity, Wanut
91 yr. old father was living in Rossmoor Gated commuity, Wanut Creek,Calif. He tripped at laundromat on site on 1 1/4" step up while carrying wet laundry to dryer in another isle, tried to catch himse… read more
LADYLAWYER
LADYLAWYER
Owner of my own law firm
Juris Doctor
6,438 satisfied customers
Approximateky 7 years ago my 91 year old mother-in-law deeded
Approximateky 7 years ago my 91 year old mother-in-law deeded ownership of her New York home to my wife. We are now in the process of selling the home and she will move into our home in Connecticut. O… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
my father has to go into a nursing home, can he give us ...
my father has to go into a nursing home, can he give us kids the house. He did a reverse morgage on it about a yr.ago. It's still in his name. we live in new york state.… read more
LawNinvest
LawNinvest
Attorney
Juris Doctorate
66 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x