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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

simplicity
Level 4
 
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abctax55
Level 15

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

I suggest asking an attorney.

"*******Tax software is no substitute for a professional tax preparer*******
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6 Comments 6
abctax55
Level 15

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

I suggest asking an attorney.

"*******Tax software is no substitute for a professional tax preparer*******
( Generic Comment )"
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Marc-TaxMan
Level 8
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.
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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.


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IRonMaN
Level 15
Sounds like a definite maybe or maybe not :wink::wink:

Slava Ukraini!
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mojocpa
Level 7
Or the "It depends" theory
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Accountant-Man
Level 12
They teach "it depends" and "maybe" in law school; otherwise, how else would attorneys be able to bill so much? If you always give definitive yes or no answers then your time is limited. "It depends" takes time to research, review and describe. Therefore higher bills.
** I'm still a champion... of the world! Even without The Lounge.
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