What questions do I ask the Estate lawyer ?

Q: I moved in with my mom about 2 years back. We got my name on the home, so this is all done. My mom is in her late 80’s and I have two brothers on SSI. I know about the 5 year look back period. One of my brothers still wants our mom to help support him, I have explained to her I do not have an issue with this- however, I told her if she needed care from Medicaid, then what funds she give him, the money has to come from some place so I would have to pay it. I am not willing to support my brother. So, what do I need to do to prepare for the lawyer- just state what I have said here? (South Fayette Twp., PA)

A: Consult with an attorney versed in Medicaid regulations. It sounds like you are aware of the impact of Medicaid in that money paid to the brother could be considered gifts or transfers without consideration during the Medicaid look back period of 5 years and render your mother ineligible for Medicaid benefits to the extent of the value of the unauthorized transfers. An attorney may be able to utilize a caretaker contract between you and she to shelter some of her money and advise you on how you can utilize your move-in caretaker status to possibly shelter your mother’s home from Medicaid Estate Recovery.

If you feel like this issue relates to you, or a problem that you are experiencing, please contact me so that we can discuss your situation.