QUESTION

My wifes mother lived with us for 3 years, during those years she gifted my wife and her other 2 children 13,500 each of those years.

Asked on Jan 05th, 2016 on Elder Law - New Jersey
More details to this question:
my wife used the money for food for her mother clothing and to treat her good. Suddenly at the end of the third year she took ill. Her brother says she has to pay money back or nursing home will not take her. Her brother is in charge of the estate and distributed the money with his mother. She lived in our home for three years where she was cared for. Does my wife need to pay this money back.
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
Your wife would not have t pay money back, but will have to prove that the money given was used for her care. In order for her to become eligible to receive Medicaid, there can't be any gifts to any family members.  The money paid to your wife appears to be a gift so you have to prove it was not.  
Answered on Jan 10th, 2016 at 9:54 AM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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