Elder Law Answers
Will Tuition Gifts to Grandson Need to Be Repaid in Order to Qualify for Medicaid?
My father gave his grandson, my son, a total of $20,000 for college tuition over the last four years. Will this money need...
Read moreWill Our Uncle's Cash Gifts to Us Need to Be Repaid?
- September 24th, 2014
Q
My uncle has no children of his own, only three nieces. He is considering gifting each of us $14,000, the maximum amount in 2014 that the IRS allows a taxpayer to gift to another individual without reporting the gift. If my uncle were to enter a nursing home within five years, would we be responsible to pay back the gifts?
A
The answer technically is no, but the practical answer may be yes. Here’s how it works: If your uncle applies for Medicaid within five years of the gifts, he will be deemed ineligible for benefits for a certain amount of time based on the amount he gave away and the average cost of nursing home care in the state. You may “cure” this penalty period by returning to your uncle the funds he gives to you. This may or may not be an effective long-term care plan. I’d recommend consulting with a local elder law attorney for a more complete explanation of how this works and your uncle’s planning options.
For more on how gifts can affect Medicaid eligibility, click here.
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Evan Farr
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In practice since 1987, Fairfax Attorney Evan Farr is widely recognized as one of the leading Elder Law, Estate Planning, and Specials Needs attorneys in Virginia and one of foremost experts in the Country in the field of Medicaid Asset Protection and related Trusts. Evan Farr has been quoted or cited as an expert by n...
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