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.
Local Elder Law Attorneys in Ashburn, VA
Jeffrey Hammond
Hammond and Associates, LLC, Elder Law, Estate Planning, Wills, Trusts, Probate
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Jeffrey Hammond
Hammond and Associates, LLC, Elder Law, Estate Planning, Wills, Trusts, Probate
For Jeffrey Hammond, the practice of Elder Law is personal. Jeff’s many years of experience in law and in business did not prepare him for the crisis he faced in 2005 and 2006 when his father suffered a stroke and both of his parents suffered from dementia and other medical problems. At that time, Jeff began an i...
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Ron M. Landsman has been practicing elder law since 1983, before it was known as elder law, originally with Landsman and Laster, Washington, D.C., then Landsman, Eakes and Laster, also in Arlington, VA, and since 1990 in his own practice in Montgomery County, Maryland. He has been among the most active members of the...
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