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My mother is planning on gifting her assets (real estate at $150000 and cash of $525000) equally to her 4 children. If she

Eau Claire, WI |

would need to go on Medicaid prior to the 5 year lookback period and one of the siblings does not contribute his/her share (1/4 of $675000) of the support, can the state of Wisconsin take the other 3 siblings to court and require payment of the 25% not contributed by the 4th sibling?

Attorney Answers 2


  1. If this transaction has not, in fact, taken place, I strongly urge you to consult with an Experienced Estate Planning and Asset protection attorney in your area.

    While each set of circumstances is somewhat unique, there are ways to structure the transfer of assets to best protect the assets and protect against an inequitable outcome if the divestment is challenged for Medicaid reimbursement. The fees to do sound planning at this stage will be well worth it in the long run.

    Additonally, if you are anticipating that your mother will need to use Medicaid assistance in the near future, the sooner you effectuate a well planned transfer, the better.

    *Note this answer is provided as general information only in response to incomplete and unconfirmed facts and does not constitute legal advice with regard to any specific facts or circumstances, nor does an attorney client relationship exist.


  2. no. your mother would simply be ineligible for Medicaid benefits until the expiration of the "penalty period" which may exceed the the 60 month period.

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