QUESTION

judgement against my father in a nursing home. How do we handle this? they want us to liquidate his assets to pay his bill.

Asked on May 01st, 2017 on Elder Law - New York
More details to this question:
Judgement against my father for non payment to the nursing home. They want the whole 160,000 paid in full and wants his assets liquidated to pay his bill. they subpoena his bank statements to make sure has the money medicaid states is in assess. My question is how can he keep his assets if he is forced to sell everything he has worked for? He has no burial account and i am questioning if i can even do this at this point or will we get in trouble for doing this as a penalty. Is he able to write off things to his family? Will medicaid force him to sell everything he owns?
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1 ANSWER

Estate Planning Attorney serving Goshen, NY
3 Awards
Unfortunately it's late in the game to be asking how to protect your father's assets, as the judgment now gives the nursing home a claim against his assets.  The time to contact an elder law attorney would have been no later than when your father entered the nursing home, as asset protection planning would have been viable at that time. But to answer your primary question, it's unlikely your father can keep any of his assets, with the exception of any IRAs or retirement accounts, as the nursing home can now move to seize his non-exempt assets.  But you may be able to use some of his funds to purchase a burial account, although you run the risk of the nursing home cliaming some type of fraudulent conveyance in light of their judgment. You really need to call an elder law attorney in your area to see what options may be available; but I don't have much optimism you'll be able to save much of your father's estate.  
Answered on May 08th, 2017 at 5:34 AM

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