Are Christmas & Birthday Gifts Exempt From Medicaid’s Transfer Penalty?

แชร์
ฝัง
  • เผยแพร่เมื่อ 28 พ.ย. 2024

ความคิดเห็น • 88

  • @jacksycz
    @jacksycz 2 ปีที่แล้ว +3

    Paul, Im a medical coder, not an attorney, I did successfully appeal my grandmother's case. They argued her life insurance value was a dollar too high. They argued the Water bill monthly was a transfer to deplete assets. I sent them a copy of the water bill. With the life insurance, The supervisor claimed it must be converted to cash value, I typed up a letter and explained that their documentation showed up to $1500. You may be able to claim in LA that if they met QMB criteria that the state should be able to at least give the beneficiary retroactive coverage for a period of 3 months or so. Those payments can be gone after to the doctors and hospitals and studies/therapies that were performed. Showing images of the checks might help too. If they were modest checks, then depending on state procedure, it may not be a big deal. In our state, they looked for transfers over $1000. Our property taxes are ridiculous up here with a mill rate near 50.

  • @marvlb
    @marvlb 2 ปีที่แล้ว +5

    I wish u could address the obvious question, what happens if the money is not paid to the nursing home, either family members don’t want to pay or don’t have the resources to pay. Does Ester now live in the parking lot? This comes up all the time and it seems nobody has the answer.

  • @olegmalkin1966
    @olegmalkin1966 3 ปีที่แล้ว +6

    So if Ester would have bought $250 Christmas gifts every time instead of giving cash, this would not be an issue?

  • @jeroldpaquette9068
    @jeroldpaquette9068 2 ปีที่แล้ว +1

    In Mass. The perhaps “unwritten rule” is that unless it is in a period where it was clear a person was soon to be in a nursing home a “reasonable “Xmas” or birthday gift is acceptable. I observe that fifty bucks is reasonably ignored if to any close family member and was a usual gift.

  • @swdierks
    @swdierks 3 ปีที่แล้ว +12

    Frustrating video. You never addressed the elephant in the room. What happens to Ester???? She is in a nursing home with NO MONEY to pay! Do they kick her to the curb? Will the family be legally responsible to return the money or go to jail, like when you owe the IRS?

  • @tawthylawn351
    @tawthylawn351 2 ปีที่แล้ว +2

    Horrible ….you can’t give your family a gift? That is insane. I’m moving to Europe …

  • @brainisfullofnonsense8183
    @brainisfullofnonsense8183 3 ปีที่แล้ว +2

    It might be enough to show that she had been gifting that same amount of money every year for ten years or more on birthdays and Christmas, which would show that the purpose was not to draw down assets in order to qualify for Medicaid. But, like you stated, you have never heard of someone who successfully argued that. So then a better way would be to have a trust set up that would supply the gifts, as long as the trust was funded at least five years prior to application.

  • @randyeverson8296
    @randyeverson8296 2 ปีที่แล้ว

    I love your videos and wish I had found you several years ago. All of your videos are very educational an have already taught me a lot I needed to know when my wife passed away. This growing old and dying is complicated.

  • @Suuegrl
    @Suuegrl 3 ปีที่แล้ว +2

    But she has done this prior to being in the nursing home. So yes this was not a pre mediated to drain and save her money.

  • @phillipstallter9018
    @phillipstallter9018 4 ปีที่แล้ว +9

    Wow! How is the family supposed to know if aunt Ester bought her nephew Billy a $12 children’s book for his birthday 58 months ago? Is it fraud if they miss that book in their accounting? What is the penalty in real world scenarios?

    • @dennykeaton9701
      @dennykeaton9701 2 ปีที่แล้ว +1

      I doubt if the government is interested in that transaction

  • @annlaselva2323
    @annlaselva2323 2 ปีที่แล้ว +2

    I received $23,000 inheritance in September. I put it in my checking account. Last year my brother paid for teeth implants which cost $38,000. Can I write him a check for $20,000 to partially pay back my brother for the procedure?

  • @emeliafeliz91
    @emeliafeliz91 ปีที่แล้ว +1

    Does Ester needs to be in the nursing home? What if Ester does not have money to self pay? And choose to stay home and self pay private one of the friends?

  • @georgevalente4223
    @georgevalente4223 3 ปีที่แล้ว +3

    So what did the nursing home do with Esther when the family didn't come up with $70,000?

  • @yelenazhilo6463
    @yelenazhilo6463 3 ปีที่แล้ว +3

    Hello
    Question to you. If I will be paying for food of my children or grandchildren (that would include restaurants) would that be considered transfer of assets? Thank you.

  • @nacoran
    @nacoran 3 ปีที่แล้ว +2

    I'm fighting Social Security right now because I got over my asset limit on SSI. It was a matter of $500 or so, but the balance stayed over by that amount for a year, so they want me to pay back a year's worth of SSI benefits, so, because I had $500 more than I was supposed to they want me to pay back about $14,000, despite the fact that if they had withheld one month's payments I would have been under.

    • @SandfordSmythe
      @SandfordSmythe 3 ปีที่แล้ว

      That's the law. You knew the law. And you feel like a victim?

    • @jacksycz
      @jacksycz 2 ปีที่แล้ว

      Stimulus checks are exempt I think

  • @mindayadao9711
    @mindayadao9711 4 ปีที่แล้ว +8

    Great help! What if I am a joint owner of my mother’s accounts. How does this effect how the government views my mother’s assets.

    • @jacksycz
      @jacksycz 2 ปีที่แล้ว

      You’re going to need to prove who the assets belong to. Social security and pension statements will easily show that. If you’re helping with your mom’s bills, you might consider a DPOA with payable on death designation on the account. Not a lawyer but I’m a former conservator and helping a relative with a grandparent’s estate.

  • @lindagallagher2794
    @lindagallagher2794 3 ปีที่แล้ว +3

    What about the gifting of 15 k, will that affect Medicaid for a Nursing home?

    • @brainisfullofnonsense8183
      @brainisfullofnonsense8183 3 ปีที่แล้ว +2

      Yes. If she had gifted the original 15k that she still had so that they could apply two months earlier they would have added three months to the penalty period, which results in a net loss for the family of an additional $6k....$21k to pay the nursing home at $7k per month minus the original $15k is $6k. Three months is the penalty because $15k divided by $5k (their average nursing home cost in Louisiana to be used in the penalty calculation) is three months. Same reason the $50k in gifts will cost them $70k. If you were in a state that had a high average cost reported by Medicaid but found a lower cost place that was acceptable the net loss would shift to a net gain. So, it depends....

  • @cheryljohnson206
    @cheryljohnson206 3 ปีที่แล้ว +3

    Is there a dollar per hour limit a power of attorney can charge for their services for Ester?

  • @adessaevans9899
    @adessaevans9899 3 ปีที่แล้ว +2

    The real question is what in the world cost $7000 for a few bitter hateful nurses and three hots and a cot? I mean depending on the facility size you say they can house 60 people 60 people times $7000?????? That’s outrageous! Someone should be regulating what these money hungry bastards can charge a poor elderly soul!!!!

    • @crystalcalendars142
      @crystalcalendars142 ปีที่แล้ว

      I took a part-time work in a nursing home when I was at university studying. But left within 2 weeks working there. The way elderly was treated was shocking.

  • @elliewhiteside3895
    @elliewhiteside3895 3 ปีที่แล้ว +1

    In reference to the five-year look back roll how do reimbursements for items bought on your behalf such as through an Amazon prime account or something of that sort or where you have loaned small amounts which you anticipate being paid back to family members such as $150 or something

    • @jacksycz
      @jacksycz 2 ปีที่แล้ว +1

      Amazon: Show receipts especially if its for healthcare or personal use.

  • @MrKevinGardner
    @MrKevinGardner 3 ปีที่แล้ว +1

    Most people are not aware of the intricacies and rules for receiving Medicaid until they're faced with it. Could Esther's family REPAY the transfers from the previous 5 years to avoid the penalty period? The amount in this case might be too much for many families, but what if it was only $5k or $10k?

    • @deborahhaagenson6554
      @deborahhaagenson6554 2 ปีที่แล้ว

      I wonder that too? I believe it's called curring the penality.

  • @waxmanvids5015
    @waxmanvids5015 2 ปีที่แล้ว

    you re videos are amazing with a wealth of knowledge..at the same time I legitimately want to
    throw up. My Dad is almost 87, and swears against nursing homes unless he has dementia enough to "allow/necessitate" it. Ughh

  • @cheryljohnson206
    @cheryljohnson206 3 ปีที่แล้ว +3

    So who pays for esters care or takes care of her?

  • @michaelhannan8305
    @michaelhannan8305 3 ปีที่แล้ว +3

    Paul, do you help out of state clients?
    If so, how do I reach you?
    If not, can you recommend a local attorney, in the Maryland/Washington DC area. My attorney retired.

  • @deborahhaagenson6554
    @deborahhaagenson6554 2 ปีที่แล้ว

    Can those gifted pay the 50,000 back (cure) to eliminate the penality? That would save them 20,000 - instead of paying the 70,000 for her csre, they would be paying 50,000.

  • @dustinoverwick6440
    @dustinoverwick6440 10 หลายเดือนก่อน

    What about if a relative is living with you paying rent then applys . Would the rent they pay need to reimbursed?? Because you are a relative?

  • @prevent08
    @prevent08 ปีที่แล้ว

    Great video! Do you represent clients in New Jersey? If not can you recommend someone? Thank you

  • @terirockel8903
    @terirockel8903 2 ปีที่แล้ว +1

    Does writing a personal check for cash count as a transfer

  • @rcolucci09
    @rcolucci09 3 ปีที่แล้ว +1

    Bro! Just check no. Check no to gifts! How will government trace cash withdrawals? It seems you are suggesting admitting things you shouldn't admit to.

  • @heatherhopfinger3942
    @heatherhopfinger3942 3 ปีที่แล้ว

    it all effects it unless it is a one time payment that is the way it is in Illinois if it is a one time payment it really does not effect it that much but that is just Illinois call and ask SSA for a manual about that or your local HHS office truth

  • @keithtowles4550
    @keithtowles4550 3 ปีที่แล้ว

    Great video! Thanks for sharing your knowledge and experience with us.

  • @elysedewyngaert178
    @elysedewyngaert178 3 ปีที่แล้ว +1

    What if you have to pay for a roof, refrigerator, dental work?

    • @murda2999
      @murda2999 3 ปีที่แล้ว +1

      That should be totally fine as far as I know. You are getting a service in exchange for a fair market price. There is nothing being "given away." Similar to when he mentioned her buying furniture for her house/apartment or pre-paying for a funeral.

    • @nancymcgrath6283
      @nancymcgrath6283 3 ปีที่แล้ว +1

      You may have pay for the upkeep expenses of a home you own or pay for medical and dental care you need. You just can’t be giving your money away to others.

  • @tmitch4976
    @tmitch4976 4 ปีที่แล้ว +2

    Paul I've been watching your videos for a couple of months,and your giving real good info,but could you up date your figures when you talk about nursing home cost,up here in NY are cost are between 11 and 14 thousand.

    • @annettel2142
      @annettel2142 3 ปีที่แล้ว +1

      These figures are pretty up to date, but they are for the state of Louisiana. Each state is different! I am actually using Rabalais Estate planning for help with my grandmother's plans and they are very knowledgeable. However each state has different laws

    • @nancymcgrath6283
      @nancymcgrath6283 3 ปีที่แล้ว +1

      Massachusetts prices for a nursing home are 12,000.00-15,000.00

  • @michelledicriscio7774
    @michelledicriscio7774 3 ปีที่แล้ว +1

    Medicaid needs to be shout down and replace iwith MEDICARE'S 1 and Medicare 2. I wrote iden with that idea. And make them more user friendly. I WORKEDI IN HOMES AND WAS SHOCKED WITH WHAT WENT ON IN THERESA. THEY REALLY DO not care about these patients, so sad. Better to die in your own home really and th we re is no reason why one can't .keep you money and get people to come in and give care . To them it may even be cheaper. In the long run.

    • @SandfordSmythe
      @SandfordSmythe 3 ปีที่แล้ว +1

      Taxpayer don't want to pay for the amount needed for Medicaid to provide better quality care.. Medicare beneficiaries wouldn't be able to afford the premiums if nursing homes were included.

  • @rcolucci09
    @rcolucci09 3 ปีที่แล้ว

    Okay, so does nursing home kick Ester out if $70k isn't paid down?

    • @marvlb
      @marvlb 2 ปีที่แล้ว +2

      That has always been my question. What if this money went to someone that was a non family member and this person has no intention of paying for the nursing home for ten months! Do they just put Ester in the parking lot? This is such an obvious question that nobody seems to have the answer to.

    • @itsmommy100
      @itsmommy100 ปีที่แล้ว

      @@marvlb I'm certain many family members wouldn't have the means to come up with the kind of many he gave in the examples in order to pay it back. I have have 4 children. If my mother had been giving each of them $500 a year for 5 years and giving me $1000 a year for 5 years, there's no way on could pay that kind of money back unexpectedly in a hurry. I think another interesting question is non-monetary gifts. I don't have any idea what my mother got me or any of my 4 kids for Christmas 5 years ago. How would that be identified for a payback. I know this is all exactly what I've heard about these "five year look backs" but I don't see how it works, practically speaking.

    • @thomast3570
      @thomast3570 ปีที่แล้ว

      If the family was purposely committing fraud, the nursing home may possibly sue them.

  • @Norm475
    @Norm475 3 ปีที่แล้ว +1

    Thank you for all of this valuable information.

  • @chitownrabbit
    @chitownrabbit 3 ปีที่แล้ว +1

    What if money has been spent on caregiver? Do Medicaid still going to recover?

    • @chitownrabbit
      @chitownrabbit 3 ปีที่แล้ว

      @Randall Swanson Thank You Randall!

  • @briankathy2580
    @briankathy2580 3 ปีที่แล้ว +5

    A simple question that hadn’t crossed my mind before: Are charitable and political donations to be viewed in the same way as Birthday and Christmas gifts, or are they “Exempt from Medicaid’s Transfer Penalty”?

    • @monarene44
      @monarene44 3 ปีที่แล้ว +1

      It depends on the state you live in, but the general answer is yes they are treated the same.

    • @briankathy2580
      @briankathy2580 3 ปีที่แล้ว

      @@monarene44 Thanks Mona for trying to answer the question but if you’re correct, then it begs additional questions pertaining to what States do and what states don’t? For what it’s worth, I already decided that it’s probably best to err on the side of caution and put ANY future gifts / donations/ contributions in you will.

    • @monarene44
      @monarene44 3 ปีที่แล้ว

      @@briankathy2580 The only state I care about is the one I live in. I’m “spending down” assets $10k a year, and keeping the same amount to pay out of pocket for nursing home care during the penalty period. And a life estate in my house for my daughter.

    • @sarahgupton2552
      @sarahgupton2552 ปีที่แล้ว

      I live in a condo co-owned by myself and my son purchased 14 years ago. I must be on the deed to live in my community. Of course, when I die, the condo will pass to my son as surviving owner. Can you tell me how my part ownership might be treated by Medicaid rules if I had to go to a nursing home? Thank you for all of the excellent information you provide. You are a wonderful resource.

  • @carol242
    @carol242 3 ปีที่แล้ว +1

    I have listen to many of your videos and I am ready to jump off a bridge because the government has you coming and going. I wish I would have known all of this when I was young. At my age it's too late to do anything about it. All that I've worked so hard to get will be lost if I end up in a nursing home and there isn't a thing I can do about it.

    • @75Froggie
      @75Froggie 3 ปีที่แล้ว +2

      Medicaid is a program for those who are too poor to pay for their care. There is no entitlement for people with resources to get expensive care at taxpayer expense. The government doesn't "have you" because you are expected to pay your own way if you can. It is incongruous that loopholes exist that experts like Paul can help clients utilize to keep their assets and pass them on to their heirs while living off a program intended for the poor. A sound argument can be made that Congress should pass legislation to close the loopholes.

    • @monarene44
      @monarene44 3 ปีที่แล้ว +5

      It is not too late Carol. Consult an estate planning attorney immediately. At the very least, 50% of your assets can be protected if you are in that 5 year look back period. No reason to assume you are unless you’re over 95 years of age. In home hospice care for conditions such as dementia and cancer are 100% covered under Medicare part A. Ignore these people who want to guilt trip people and accuse them of defrauding the government by protecting their assets. Tax evasion is illegal. Asset protection is legal. Period.

    • @monarene44
      @monarene44 3 ปีที่แล้ว +1

      @@SandfordSmythe The fees for these arrangements are not cost prohibitive. In any case, for those with liquid assets less than $200k, there is not going to be much to preserve. After age 85 that would fund a minimal lifestyle.

    • @SandfordSmythe
      @SandfordSmythe 3 ปีที่แล้ว +2

      It is contrary to the purpose of Medicaid. I don't want to pay welfare cost for someone, so that the family can get those assets. I don't blame people that can do it, but I would hope that they would not be the ones complaining about welfare fraud. And the whole procedure benefits the family more than mom or dad who get go to an inferior nursing home and have to put up with the smell of urine in the hallways. Good nursing homes won't take many Medicaid residents.

    • @monarene44
      @monarene44 3 ปีที่แล้ว +1

      @@SandfordSmythe Nursing homes cost $120k a year at a minimum, even those that take Medicaid. Whose got that much money? Bill Gates? Jeff Bezos? Right. They pay more than $120k a year in taxes which in effect pays the cost for those who qualify for Medicaid. In the 5 year look back period I can only afford to give away $70k to my granddaughters before qualifying for Medicaid. Jeff Bezos and Bill Gates will be paying probably a million dollars or more a year for private care out of their own pocket. Long term care insurance has very high premiums that ordinary people can’t afford and is offered only by private carriers. Medicaid even takes the proceeds from your life insurance policy. So if you want your heirs to have anything you have to give it away outright or secure it in a trust. I don’t see where that’s any big deal. The government does not offer any long term care insurance plans at all.

  • @ronkrommendyk7834
    @ronkrommendyk7834 4 ปีที่แล้ว +1

    Can you talk about the Lady Bird option for you home??

  • @mike867
    @mike867 5 หลายเดือนก่อน

    Sure gives us all an incentive to lie while filling out these forms, doesn't it?

  • @philipmulvihill1455
    @philipmulvihill1455 3 ปีที่แล้ว +1

    DCT!!! I have my award letter here!!!! go get you a bowl of gumbo and watch the L.S.U. game Mac!!!!!!

    • @philipmulvihill1455
      @philipmulvihill1455 3 ปีที่แล้ว

      Do a video on DISABLED CHILD TRANSFER is the award letter enough at the medicaid hearing? its not much money under 100 k the guy wants 3800 bucks for a trust!!!! THANKS

  • @toomuchyoutube8313
    @toomuchyoutube8313 4 ปีที่แล้ว

    Thank you!

  • @hetalp978
    @hetalp978 4 ปีที่แล้ว

    Awesome information ❤️❤️

  • @monarene44
    @monarene44 3 ปีที่แล้ว +2

    They should have answered no to question 31. That dribble of money could just as easily be a compensation for time and attention those family members gave her. It’s not even enough money to qualify as a “transfer of assets”. That’s just ridiculous. She has no estate left, so Medicaid will never recover that $70k.

    • @bettywith2girls
      @bettywith2girls 3 ปีที่แล้ว +5

      I agree. But we all have to realize this guy has to only say what the legal rules are, whether or not they are enforced. Just tell grandma to give out either cash or buy Visa/Mastercard gift cards (don't write a check that can be traceable). I'm guessing that this lawyer will tell you "privately " what people REALLY do and what is the max amount of gift to give to fly under Medicaid's radar...but, of course, he can't do that on a TH-cam video.

    • @monarene44
      @monarene44 3 ปีที่แล้ว

      @@bettywith2girls I agree 100%.

    • @75Froggie
      @75Froggie 3 ปีที่แล้ว

      @@bettywith2girls I guarantee you that no competent lawyer will "whisper" to clients how to commit fraud. Why? Because at some point a cornered client facing prosecution for fraud will say "my lawyer told me to do it." Assume, as many uninformed laypeople do, that lawyers are scummy and unethical, advising clients how to break the law and get away with it. Even if they were, it's a matter of self-protection for a lawyer not to help clients cheat or even to be complicit in client cheating of which a lawyer becomes aware. Many a confidential letter is written by attorneys to clients to confirm that they have advised a client to refrain from a course of illegal activity and, if the client persists, terminating representation.

    • @75Froggie
      @75Froggie 3 ปีที่แล้ว

      @@monarene44 And you would be as wrong as @Betty Smith.

    • @monarene44
      @monarene44 3 ปีที่แล้ว

      @@75Froggie Your point is well taken. It is indeed best to disclose everything, because at the end of the day, Medicaid is still not going to recover that $70k.

  • @johnlayman2836
    @johnlayman2836 3 ปีที่แล้ว +5

    Get to the point. You seem to believe all videos have to be 20 or 30 minutes.

  • @cheryldodd-marko9787
    @cheryldodd-marko9787 3 ปีที่แล้ว

    🕊🇺🇲💕

  • @clarkmillis1929
    @clarkmillis1929 3 ปีที่แล้ว +5

    Took you 11 minutes to get to the point. Speed it up. Easy question, 5 minutes total.