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Can We Return Gifted Property So That Our Mother Is Not Subject to a Medicaid Transfer Penalty?

Posted by Laura E. Stubberud | Aug 07, 2021 | 0 Comments

Yes. If someone transfers property for less than fair market value within five years of applying for Medicaid, they will be subject to a penalty period. This penalty is a period of time during which the person transferring the assets will be ineligible for Medicaid. However, if the property is returned to the Medicaid applicant, the return “cures” or eliminates the Medicaid transfer penalty. With the returned property, the Medicaid applicant may have excess assets that will need to be spent down in order to qualify for Medicaid. Applying for Medicaid is a complicated process. To find out the best strategy for dealing with assets, talk to an elder law attorney. To find one near you, click here.

About the Author

Laura E. Stubberud

Laura Stubberud has over two decades of experience in the practice of estate and family law in Nevada. After graduation from UCLA, she studied law at Southwestern University School of Law , graduating in 1992. With over 30 years of practice in Clark County, Nevada, Ms. Stubberud has substantial e...

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