taxes re: living trust

[greatnanh]

I have been caring for my 90 year old mother for 10 years in Oregon. She has set up a living trust in which I am the sole beneficiary. At this time I have become too ill with cancer to care for her, and must admit her to an assisted living facility. Her savings are $35000.00 and her assets are worth $90000. Her monthly income will not cover the total costs of the nursing facility. Can she give her money and/or assets to me or her grandchildren before she is admitted to the nursing facility in august, to prevent the state from getting all of it? Will I be responsible for paying costs incurred for her care? If she outlives me, will my husband be responsible for these costs? What is the tax law in oregon for inheritance gifts?

 

[ALawyer]

Unless your husband personally guaranteed and/or signed for her he'd have no liability.

As for her ability to gift, this is something to go to an elder lawyer about -- very tricky issues as Medicaid agencies are TOUGH and let's face it, as a matter of social policy, shouldn't a person pay for her own care to the extent she can (or could have) afford it, rather than taxpayers?