Legal Question in Elder Law in New York

gifting

I understand the state, NY, can go back 7 years to look for money should my mom need a nursing facility. Is gifting a good thing for her to do? She is 81. Can we/should we spend the money or put it into tax free bonds? Can the state take or ask for the money back if we spend it?


Asked on 12/31/08, 1:10 pm

2 Answers from Attorneys

Richard Bryan Richard Bryan Attorney PC

Re: gifting

There are different "look back" periods and asset pay back rules depending on the specific situation, and sometimes the application of the rules varies from county to county in New York. No way to predict the future. There is no "one size fits all" method of estate and Medicaid planning; only reasonable and savvy planning based on mom's facts and circumstances, and her goals and objectives. This is a perfect situation where mom should not be penny wise and pound foolish. If mom is concerned about passing her wealth along to her children, mom needs to seek professional advice in person.

Good luck.

Rick Bryan

New York, NY

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Answered on 1/02/09, 12:37 pm
Richard Bryan Richard Bryan Attorney PC

Re: gifting

Lots of "ifs" to your very broad question, and the answers also have a lot of "ifs". There's no such thing as "one size fits all" Medicaid planning. If mom has assets and you're serious about protecting them, then make an appointment to see an attorney. You're not going to be able to get free advice over the internet which is going to have any value whatsoever to your situation.

Good luck.

Rick Bryan

New York, NY

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Answered on 1/19/09, 2:26 pm


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