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LawTalk, Attorney
Category: Legal
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Experience:  I am a practicing attorney with more than 3 decades of experience in the legal field.
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My 97 year old brother has to go on title 19 soon. The

Customer Question

my 97 year old brother has to go on title 19 soon. The county will take all of his assets except $25. Can he gift me $10000 so I can provide him with spending money?
Submitted: 2 years ago.
Category: Legal
Expert:  LawTalk replied 2 years ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your brother's situation. My goal is to provide you with excellent service today.

No, I'm very sorry but he cannot gift money or assets to anyone in the last five years before applying for Medicaid benefits because that would make him ineligible for Medicaid for a time equal to the amount of money he gifted away based on the monthly cost of the nursing home facility.

If your brother will be soon going into a nursing home, it is just too late to do any estate planning that would allow you to take money from him now in order to give it to him as a gift later. All of that must be done years in advance of applying for Medicaid.

He may however, purchase items that he would like to take with him and which are exempt from the asset counting that Medicaid will do. For example, he may by clothing and personal items now, as well as pre-pay for funeral expenses, furniture, art and appliances, computers etc.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.

Would you please take a moment to positively rate my service to you based on the understanding of the law I provided by clicking on the rating stars---three stars or more. It is that easy. That is the way I am compensated for having helped you.

Thank you in advance. I wish you the best in your future,