I need to know if this is legal. I went into buy a new car on Saturday 05/19/2012. They did not have the car I....
The first thought that comes to mind is the statute of frauds. U....
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5/23/2012 21:59
by stlmunns |
Notification given by me, with a disinterested witness, that tenant has to return property on or before a spec....
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5/23/2012 19:45
by anothermalandlord |
I work for a nonprofit. They have just announced that each of us must now 'volunteer' at one of our programs o....
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5/23/2012 12:26
by MassWorker |
Hello. My brother was injured in a fall at a store in Massachusetts and the thing ended up in a local small n....
The issue is controlled,or is supposed to be controlled, by the Massac....
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5/22/2012 07:24
by JeromeW |
I am sole guardian for my special needs child. They have visitation with their father. He is not communicating....
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5/21/2012 07:48
by melelllan |
We have been awarded a $200,000 judgement in a probate matter that has gone on for years. The execeutor of my ....
I understand your desire to get a second opinion on this matter. ....
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5/20/2012 16:20
by massconfusion27 |
I received a Summons in the Mail to appear in Court in June for a B & E misdemeanor. I went to the Police Depa....
The answers to your questions are as follows: (1) The police departmen....
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5/19/2012 22:26
by completelyconfused |
The Massachusetts Public Health Council just approved new regulations (105 CMR 309) intended to give healthcar....
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5/18/2012 10:42
by The Editor |
My brother is the power of attorney for my elderly mother. She is demented and often confused about her finan....
Yes, nothing to worry about. The terms Power of Attorney and Att....
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5/14/2012 06:51
by AABates |
Hello. In Massachusetts let’s say I’m paying say $8,000 a year in Child Support to 23. Under the agreemen....
If your Agreement says you should pay child support until the child is....
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5/4/2012 22:18
by divorced_with_children |
Several of my colleagues will dictate consultation notes in which they state they don't have the complete hist....
The question probably boils down to whether or not such practice is wi....
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10/2/2011 18:37
by Anonymous |
Real estate transfer within five year look back
First, let me start, as I always do when talking about MassHealth (Medicaid) planning, by encouraging you to talk to an experienced estate or elder law attorney. Before you latch on to one possible strategy, you should talk to someone who can review your situation and give you a list of options.
Having said that, as you apparently know, when a person transfers assets for less than fair market value within the five year look-back period the transfer may cause a period of ineligibility for MassHealth benefits. This is known as a disqualifying transfer. However, there are exceptions to that rule. You may be able to transfer your home to your daughter, without incurring ineligibility, if she lived in the home with you for at least two years prior to the date you ultimately enter the nursing facility and, while living with you, provided a level of care that allowed you stay at home, instead of going to the nursing facility.
Similarly, people in your situation can transfer their homes without penalty to; (1) a spouse, (2) a child who is blind, disabled or under the age of 21; (3) a sibling who lived in the home during the year preceding the move to the nursing facility, if the sibling already holds an equity interest in the home; and (4) a trust established for a disabled individual under age 65.
As you can imagine, all of these options, including the one that may apply to your situation, have rules and exceptions that you must be aware of. Talk to an attorney, and good luck.