I need advice for my Dad

What is the name of your state? Missouri

My Mom recently passed away. My Dad has a $25,000 CD in each of his children's names. He is afraid to gived them to us because the State sent him a letter saying he may have to pay back $66,000 that Medicaid spent for my Mom. We have been told he should give us the CD's so the State won't take them. He is 89 years old, in a nursing home on assisted care. What do you suggest?

Speak to an Elder Law lawyer -- this can be VERY tricky, and hget you all into a LOT of trouble if not done right.

SEEE what good things happen when U try and scam the system........

Your father had $$$$$ and mom collected medicaid.

IF THE CD IS IN YOUR NAME ONLY....THEN ITS YOURS... but if its joint then

YOU neglected your resonsibilities as adults to make sure this didnt happen.

You cannot give away assets less the 3 years before you collect government aid.!!!!!

sorry kiddo.....kiss the money goodbye

I'm Out of Here!

You people tend to be a bit rude, don't you think? There was NO SCAM intended. They sold their house and for your information once you have no money left you can have Medicaid step in. Not until she died did they contact my Dad. The CD's were purchased when we were little and I don't know how they are worded. I resent the fact that you insinuated a scam. Thanks for nothing.

To ALawyer: Thank you. This reply is not directed at you.

Normally, a spouse can not be held liable for the debts of a deceased husband/wife, but in this case, since a government program/government rules are involved, anything could happen. Be sure you get excellent advice from an elder care lawyer or an attorney experienced with the Medicaid system--the main thing that you need to be warned about is that if it can be proven that your dad did something to intentionally hide assets, there could be severe penalties (fines and possibly jail time too) for either your dad or anyone that he gives the money to.

There is another website called www.askme.com where you could post your question on the Law/Family Law message board and you might get helpful advice there.

DANDY DON ([email protected])

Nice Person

Thank you. I appreciate your help.

Jan

MY DAD HAS A $25,000 CD IN EACH OF HIS CHILDREN'S NAMES. THE CD'S WERE PURCHASED WHEN WE WERE LITTLE AND I DON'T KNOW HOW THEY ARE WORDED.

I agree with you about the tone of yoyoma’s comment; however, there was some legal truth to it: “IF THE CD IS IN YOUR NAME ONLY....THEN ITS YOURS.” If the CDs are in the children’s names, and if that has been the case for years, then they are your property and you don’t have a problem. The problem arises when assets are transferred within a few years of going to the care facility or accepting the state aid. When the assets are transferred many years before that, the problem does not arise.

Therefore, if the CDs are in the name of the children, you can keep them. If your father’s name is also on them, then see Dandy Don’s comments, and take them seriously.

I may not be nice...but lets face it...MOST people DO try and scam the system!

And your daddie, had money to pay for your mothers care but chose not to.

The CORRECT way to do this, and one of my girlfriends parent did this 15 years ago is to GET A DIVORCE.....

Then since they are not married and you mom would have no assets then they could not touch the money.

Sorry i stand by my statement..kiss the money good byyyyeeeeee!

Question

Can you divorce a dead spouse?

For your information, my Dad was paying $3,000 a month for her care in the nursing home where he sold everything he had and moved into another wing to be near her. He is still paying for his own care there. They were married 67 years and he would not divorce her for any amount of money.

yoyoma:

Your insensitivity to others and your assumptions about other people's honesty reflect on YOU--not them.

my job is to get at the truth....PERIOD

I dont care about insensitivity, she left many questions unanswered until now.

She has to face these questions in order to figure out if she might have a case to keep the money

So now this becomes a MATH PROBLEM........

How does the government figure he might owe $66,000? If your dad was paying $3000 a month for her care?

Get out the pencil and paper and start adding it up.

It is obvious you don't care about sensitivity, but if you want people to listen to what you say, you should. A lot of the people who use this forum are having troubles and you don't help this way.

Well OK.........

she has 3 choices:

1.....Give up and let the government have the $66,000

2 PAY you (a lawyer) $150+ per hour and your paralegal to sit down with the bills and figure out if she has a case to keep the money.

3 Let HER sit down, and figure out where all the bills are, and start adding up the amounts, and when was THE EXACT DATE mom actually applied and was accepted in the medicaid program, then what bills are there after that date....and did they credit dad paying the $3000 a month.....or did he stop paying the $3000 a month when she collected medicaid.....and save a few thousand on legal fees...

A Math problem

Hint....never never ever say you owe ZERO to the government official... it will pisss them off, so figure a way to say well maybe i owe $6,000 NOT $66,000 and maybe they will take the money and settle with you for being honest!

If you read all of the other postings by yoyoma (stolen musician name), you'll find that he/she/it has a great in depth knowledge on two things: the 3-year rule and MATH. Wow, we're all so impressed and hope that you can stop in at every single posting and remind us that you know these two, miniscule items. Then, please proceed to give more horse-blinded advice with plenty of exclamations and presumptive pronouncements. Yelling and screeming are great orative talents.