You should see an elder care/estate planning lawyer in Boston.
A good lawyer will know how to protect your Uncles assets in this situation.
Use the AVVO find la lawyer tab.
I wish you the best in the New Year.
I also recommend that you seek the advice of an estate planner in your area. Many lawyers that practice in this area provide free consultations.
AVVO DISCLAIMER I am licensed in Minnesota only and my answers on Avvo assume Minnesota law. The answers I provide are for general information only and are NOT INTENDED AS LEGAL ADVICE and therefore must not be relied upon. Legal advice must be based on the interaction between an attorney and client and specific exact facts and the law. I do not retain clients without a signed RETAINER AGREEMENT. The Avvo forum does not allow for the discussion and the interaction necessary to form a complete legal analysis. Therefore the answers given to any specific question would most likely be different if there was attorney-client interaction. The exchange of information through this forum does not establish such an attorney client relationship. An attorney-client relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged nor are they confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and statutory time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in the answers to any question, if you are an interested party you should promptly and personally consult with an qualified attorney for legal advice licensed in the proper jurisdiction. Finally, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.
A transaction for a small amount of money would be considered a gift of the current value of the property less the amount of money which actually changes hands, and therefore a disqualifying transfer by MassHealth if your uncle should need the state to pay for the cost of long-term care. Under current law, your uncle would face losing one day of benefits for every $279 in value transferred if he were to apply for benefits within five years of the time that the transfer is made.
Your uncle should seek out an experienced elder law attorney for advice about the various options he may have. An elder law attorney will evaluate his income, assets, medical needs and estate planning goals and help him make an appropriate plan.
E. Alexandra "Sasha" Golden is a Massachusetts lawyer. All answers are based on Massachusetts law. All answers are for educational purposes and no attorney-client relationship is formed by providing an answer to a question.
That would be a really bad idea. He might place himself in a position where he could not get MassHealth to pay for his nursing home care. This might really complicate things for you and him and might even have an adverse effect on the care he receives. There are much better alternatives.
Thank you for your question.
I also agree that your uncle needs to sit down with an experienced estate planning attorney to discuss his options. Nobody can give you a good answer or recommend an option without understanding your uncle's total financial picture and needs. Any transfer at this point could have unanticipated consequences, and it will be well worth the money to have professional guidance.
Best of luck.
Christopher Vaughn-Martel is a Massachusetts lawyer with the firm of Vaughn-Martel Law in Boston, Massachusetts. All answers are based on Massachusetts law and the limited facts presented by the questioner. All answers are provided to the general public for educational purposes only and no attorney-client relationship is formed by providing an answer to a question. To schedule a consultation with a lawyer, and obtain advice and review of your specific legal issue, please call us today at 617-357-4898 or visit us at www.vaughnmartel.com.