If donor gifted $10000 and then 2 years later goes into nursing home. Will or can the state ask for that money back from the recipient?s

Forum|Forum|6 years ago
December 6, 2019
2 replies
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Best answer by abctax55

That's NOT an income tax question....and the answer will vary from State to State.

I suggest asking an attorney.

abctax55Answer

Level 15

That's NOT an income tax question....and the answer will vary from State to State.

I suggest asking an attorney.

HumanKind... Be Both

M

Marc-TaxMan

Level 7

Not in Cal. To overly-simplify the rules in Cal, there is a monthly disqualification period from the date of the gift. That period is $Gift/$8,000. So that $10,000 gift is a 1.25 month penalty period on the Donor, long expired.

T

TaxGuyBill

Level 15

If the donor expects Medicaid to pay for the nursing home, Medicaid generally has a 5 year look back period at gifts, which will AFFECT how much Medicaid will pay for the nursing home.

That may not necessarily mean that Medicaid will pay $10,000 less, but a good Elder Attorney in your State would be able to let you know the details about how the gift would "affect" the payment.

IRonMaN

Level 15

Sounds like a definite maybe or maybe not

Slava Ukraini!

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