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Will Tuition Gifts to Grandson Need to Be Repaid in Order to Qualify for Medicaid?

  • August 14th, 2014
My father gave his grandson, my son, a total of $20,000 for college tuition over the last four years. Will this money need to be repaid in order for my dad to qualify for Medicaid? 

It may have to be repaid. You might be able to argue that your father’s purpose in making the transfers had nothing to do with your father qualifying for Medicaid benefits, in which case the gifts should not be penalized. But the burden of proof will be against you. It may well depend on how much other money your father had. If he only had $40,000 to begin with, it will be a hard case to make. If he had $200,000, it will be much easier. Also, timing is important. Only those transfers made during the five years prior to your father applying for Medicaid need to be reported and need to be “cured” by a return of the funds. 

For more on Medicaid's asset transfer rules, click here.  For more on how gifts can affect Medicaid eligibility, click here.

Local Elder Law Attorneys in Ashburn, VA

Daniel Steven

Daniel N. Steven, LLC
Rockville, MD

Mindy Felinton

Felinton Elder Law & Estate Planning Centers
Rockville, MD

Loretta Williams

Hale Ball Carlson Baumgartner Murphy PLC
Fairfax, VA

Last Modified: 08/14/2014

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