Inattempting to recoup for the cost ofnuring home expenses, how far back will the government look regarding the transfer of assets?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 10 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption