Posted on: 28th Apr, 2009 08:05 pm
At 96, my grandmother was advised by an attorney in her home state of Alabama to put her home/farm in her sons' wife name (because he owed alimony to first wife) to protect farm from nursing home expenses and leave to son. Son and wife since take out 60,000. Now grandma is ineligible for medicaid/medicare and will be forced to leave nursing home next month. Son's wife will not care for her and now she has no money but is not able to get benefit because of "look back" rule. Any thoughts?
This is a crime done by group of people. She can surely sue all the people including the attorney.There are so many attorneys who will fight on behalf of lady in the court without any fees, so you should get one lawyer for her and i think that is the perfect solution for this kind of problem. :arrow:
Hi Guest!
Welcome to forums!
It is correct that Medicaid follows the rule of "look back period". It is a 5 year period. The transfer of assets will disqualify your grandmother if she transfers assets within a certain period of time before she applies for benefits. This period of time is called a look back period. In this case, there is hardly anything that can be done. She may ask her son's wife to transfer the property back to her.
Sussane
Welcome to forums!
It is correct that Medicaid follows the rule of "look back period". It is a 5 year period. The transfer of assets will disqualify your grandmother if she transfers assets within a certain period of time before she applies for benefits. This period of time is called a look back period. In this case, there is hardly anything that can be done. She may ask her son's wife to transfer the property back to her.
Sussane
thank you for repy. you are absolutely right that it was done by a group (the 3 siblings) who are very naive and assumed that by putting the property in their sister-in-law's name that it would be protected for their brother in old age and that the brother and wife would take care of her. now they want to move out of her rent-free home and live off the money without any responsibility. Where do you find this type of lawyer? Thank you so much for info. On what grounds can we sue?
Thank you also Sussane. I really appreciate your reply and was afraid that that would be the answer. Unfortunately I don't think that there are many people that would give back a farmland worth a few hundred thousand dollars.
Hi Guest,
In such a situation, I would suggest you to contact a real estate attorney and take his opinion in this regard. This will help your grandmother to know if she can take any step against her daughter-in-law.
Thanks
In such a situation, I would suggest you to contact a real estate attorney and take his opinion in this regard. This will help your grandmother to know if she can take any step against her daughter-in-law.
Thanks
hi shitscreek,
real estate attorney will be in position to help you out but again you need to make sure that he is not scrupulous also.
keep in touch
[Link deleted as per forum rules. Thanks.]
real estate attorney will be in position to help you out but again you need to make sure that he is not scrupulous also.
keep in touch
[Link deleted as per forum rules. Thanks.]