Inattempting to recoup for the cost ofnuring home expenses, how far back will the government look regarding the transfer of assets?
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Inattempting to recoup for the cost ofnuring home expenses, how far back will the government look regarding the transfer of assets?
My mother made out a deed to her 10 children in 1982 but it was not recorded until late 1999. She then went into a nursing home in early 2010. This past month she passed away. Can the government take the property back to recoup any payout to the nursing home?
Asked on July 17, 2011 under Real Estate Law, Kentucky
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
What you are referring to here is known as the "look-back period". This is the period of time in which assets cannot be transferred in order to gain eligibility for Medicaid. Basically this time frame represents a balancing act between the government to provide Medicaid support and a claimant's desire to be able to leave property to their family. The fact is that for Medicaid purposes, you can't simply give property away in order to qualify for benefits. In 2005, the Medicaid asset-transfer rule was changed and the look-back period was increased from 3 years to 5 years. However, the 5 year look-back period only applies to transfers made after 2006, prior to that date the 3 year period would apply. In either event based on the facts presented, you appear to have more than qualified; the government has no claim for reimbursement.
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