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Can someone gift me a large amount of money to spend on my mother without my mother losing public benefits?

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Just Blue

Senior Member
@Shadowbunny said “So you want to commit fraud so the taxpayers can continue to support your mother?”

@xylene said “...the 'taxpayers' you are pathetically and irrelevantly squealing about.”

If you and @Shadowbunny have a problem with “taxpayers supporting my mother” while me or my aunt enhance her quality of life but you are perfectly fine with us doing just that through a special needs trust, are you not pathetically and irrevelantly squealing about taxpayers money?
Per your posting you seem to be financially very well off. Hire an attorney to assist you. I, personally, find your attitude repugnantly rude. Shaddowbunny's comment was appropriate given the info you provided at the time of her posting.
 


commentator

Senior Member
Did you, anywhere, mention what state you are in? In any case, the advice is the same, but $80,000 in Mississippi is a little different than $80,000 in California or New York. If she is receiving Food Stamps and Medicaid, premium paid for Medicare, not to mention subsidized housing, those are income based programs, and to get them, she is obviously currently classified as low income. Of course SS retirement isn't income based and isn't affected by a sudden bump in income. People say "SSI" when they are not talking about that specific program.

However, for someone on public assistance programs, in any state, the Medicaid and particularly the housing, an $80,000 gift is a significant bump, with all sorts of ramifications. That your aunt received all of your grandfather's estate, and your mother was still left so low income that she qualifies for all sorts of assistance has made her sudden desire to gift your mother a bit problematic. From your post, you are doing due diligence and sound responsible. What you said about the $80,000 possibly making her life worse instead of better is very true.

I see this situation being almost red flag ripe for accusations of elder financial abuse even if you not were in any way inclined to be interested in doing that sort of thing. I mean, sure, I'll give her what she needs, buy her small things, but arrange for her to keep her benefits, etc. Just send this money to me, auntie. I'll take care of it for her.

That raises enough red flags to get you an investigation by her caseworkers. All it would take is an anonymous complaint call by one jealous or suspicious friend, neighbor, or disgruntled other relative. People love to jump on perceived "welfare fraud."
The whole idea of wiring it directly to you and letting you dole it out to your mother depends entirely on your good character and willingness to do this as your aunt wishes. Once that money has been wired to you and is in your control, you could take a long vacation in the sun with it, and your aunt couldn't do anything much about it. And as for your mother, who probably likes the idea of you having something from your grandfather and would say, "Let the boy have it," if they came after you, she's still opened up to committing welfare fraud. If you do benefit her life in any way financially, it may be noticed. You know this.

When one is on these types of programs, they have completely signed away their privacy and given the program access to all their financial and personal records, and the systems keep very close monitoring of income levels, etc. and would be likely to notice any sudden giftings made to your mother in any significant amounts. They do not ever simply assume that people are telling them the truth about their income and circumstances, they literally go out and check things, and all financial records cross match and are closely audited.

As a person who has been involved with these programs, I strongly, strongly suggest that your aunt, if she wishes to improve her sister's life and share the inheritance with her, speak to an attorney and set up the trust as recommended. She may need your help and counsel to do this.

Depending on your mother's age and health circumstances, even with you totally willing to let her have all of it and doing exactly whatever your aunt wants, if she just takes it directly, gets off the programs she is on, she could have a health crisis and blow through $80,000 in a very short time, and end up with her life much worse than it is now. You pointed this out yourself.

I always cringe when I see these shows and stories on the news channels about somebody who's severely disabled or in really poor health or living in a really bad situation and now they're receiving a sudden gift from some bountiful stranger. This may make good reality tv, we like to think it has solved all their problems. See how wonderfully our system works? And yet in our country today, this is probably going to be just enough to totally mess up their fragile health care and other financial arrangements thoroughly, without offering them any permanent security. Sigh.

Speak with an attorney. Set up a trust that will protect her and keep her current situation working. That's not cheating anyone, including the government and the taxpayers, that's helping your mom, which is what you are actually trying to do.
 
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Per your posting you seem to be financially very well off. Hire an attorney to assist you. I, personally, find your attitude repugnantly rude. Shaddowbunny's comment was appropriate given the info you provided at the time of her posting.
Responses tend to be rude when people are being accused of fraud. Especially when they come to a forum intended to provide guidance and help. Thats life!
 
Isn’t a third-party special needs trust for people with physical or mental disabilities?

What if my mother does not have physical or mental disabilities?
 

PayrollHRGuy

Senior Member
My aunt wants to give my mother around 80k however that would cause my mom to lose certain public benefits she currently recieves like medicaid, premium free medicare part A & B, food stamps, and HUD subsidized housing.
Those are taxpayer paid benefits. You want to figure out a way to get around the law so mom doesn't lose them while giving her money.

Sounds like fraud to me.
 

Zigner

Senior Member, Non-Attorney
Those are taxpayer paid benefits. You want to figure out a way to get around the law so mom doesn't lose them while giving her money.

Sounds like fraud to me.
I hear you, but that isn't necessarily true. There are special government approved vehicles for allowing just this sort of transfer of funds (the aforementioned special needs trust). Also, mom is free to disavow her claim to the money, thereby allowing someone else to inherit it. If that person then wants to gift small amounts to mom in a way that won't jeopardize her benefits, then so be it. This is a lot like the difference between tax avoidance and tax evasion. Avoidance is legal, evasion isn't.
 

PayrollHRGuy

Senior Member
It may well be legal but...

In order to maintain my mothers benefits and not put her in a worse financial position than she is currently in, could my aunt simply wire the money to my account and then I could pay off my mothers car, any small debt she has, and moving forward when she needs something I can buy it for her online and have it shipped to her deducting it from that money?
In this scenario, as posted by the OP, the OP is simply acting as a bank and purchasing agent and holding the $80K for mom.
 

Zigner

Senior Member, Non-Attorney
It may well be legal but...



In this scenario, as posted by the OP, the OP is simply acting as a bank and purchasing agent and holding the $80K for mom.
Yes, and since we deal with legalities on this legal advice form...the fact that it's legal is really all that matters ;)


ETA: One thing to remember is that, outside a trust of some sort, once the money is properly transfered to the OP, the money actually belongs to the OP and the OP is free to do whatever he wants with it. If he wishes to give it to mom in small amounts over a long period of time, that's OK. If he wishes to blow it all on the long-shot horse at the track, that's OK too.
 

Shadowbunny

Queen of the Not-Rights
@Shadowbunny said “So you want to commit fraud so the taxpayers can continue to support your mother?”

@xylene said “...the 'taxpayers' you are pathetically and irrelevantly squealing about.”

If you and @Shadowbunny have a problem with “taxpayers supporting my mother” while me or my aunt enhance her quality of life but you are perfectly fine with us doing just that through a special needs trust, are you not pathetically and irrevelantly squealing about taxpayers money?
And where in your original post did you mention a special needs trust? Oh, that's right. You didn't. And the way you described your situation in your OP most assuredly sounds like you're trying to hide assets so your mom can continue to receive gov't benefits she wouldn't otherwise be entitled to.

But you go right on with your bad self. Cherry-pick the posts that support your viewpoint and ignore the ethics of what you propose.
 
But, to be fair, we look past the law into morality and ethics often on this forum.
To be fair that is great but I posted on here to understand the law and some peoples first reaction including yourself is to accuse me of wrong doing instead of educating like @Zigner and @xylene did. This thread would be much shorter and informative for others without your unwelcomed comments taking up space.
 

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