Posted by John T Country Lawyer on December 10, 2015 at 10:00:39 from (216.249.74.3):
In Reply to: John T question posted by NY 986 on December 10, 2015 at 07:40:20:
You asked for it, so here is my totally unresearched yet still (based on no actual known detailed facts) professional legal opinion: NOTE absent a thorough in depth interview with the client and his or her goals and then research the most recent law MY OR OTHER OPINIONS OR EXPERIENCERS ARE PRACTICALLY WORTHLESS but it appears you already know that lol No harm in asking right?
YES INDEED A court "could" set aside a transfer of real property if it conflicts with or is determined to usurp or by pass Medicare/Medicaid laws and is NOT within certain "look back" time exceptions or its purpose is to defraud. YOU CAN TAKE THAT TO THE BANK.
HOWEVER that is NOT to say its not okay to give it a try provided there's no attempt to defraud. I tell my clients THE SOONER THE BETTER when it comes to gifting or spend down in order to qualify someone for Medicare/Medicaid. If it fails for Medicare/Medicaid SO BE IT a Court may set it aside..........If it fails as an attempt to defraud SO BE IT a Court may set it aside..........But if you sit and wait you could be squandering valuable precious time towards any look back time periods IE best to do it now then wait (provided not to defraud). NOTE IM NOTTTTTTTTTTTTTT REPEAT NOTTTTTTTTTTT condoning or advising any conveyance for fraud purposes, Im ONLY saying the sooner the better if the intention is to get it done prior to any look back provisions are concerned.
NOW LISTEN ALL Medicare and Medicaid is one THE MOST difficult to understand and ever changing areas of the law. While I practice in the areas of estate planning I DO NOT hold myself out to be a Medicare Medicaid specialist. Those are highly specialized areas of practice and I would NOT advise you to hang your hat or bet the farm on what Billy Bob or Bubba or even experienced attorneys have to say who are NOT Medicare Medicaid SPECIALIST. What others have done or others have experienced will mean absolutely NOTHING if this person is challenged by Medicare or Medicaid or is charged with fraud.
NOTE This is NOTTTTTTTTTT any opinion as to the merits or morals of an older person gifting or conveying property within time limits in order to qualify for government assistance REMEMBER ITS US TAXPAYERS WHO PAY IF THEY DONT. Take those social or political arguments elsewhere, Im NOT offering an opinion either way.
Spend down and gifting and conveyance is a tool and method used by people in order to qualify for government assistance be it good or bad in your personal opinion. IN GENERAL the sooner the better provided its NOT to defraud, that's my best free unresearched opinion, take or leave it at your own peril, like or not like the system as you please, other personal experiences and opinions isn't worth much in a Court of law. As always and the poster acknowledged, CONSULT A PROFESSIONAL SPECIALIST is my advice and DO NOT rely or bet much on non professional non researched opinions, lay or professional.
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