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KCflorida4 Asked July 2014

My Dad died and had a car, Mom's on Medicaid and cannot drive. Can she gift the car to one of the kids?

My dad died unexpectedly, his car was not left to anyone. My mother has MS and is paralyzed, and we moved her into a NH . She has been on medicade for a long time. Can she gift the car to one of the children. I have asked lawyers and elder care agency and they say we can, but I want to make sure Iwe are doing it correctly.

EXPERT Carol Bradley Bursack, CDSGF Jul 2014
Hi KC,
I think you can trust the attorney. Since Medicaid laws are different in every state, you were truly wise to discuss this with a qualified professional in the field. Now that you've done that, there shouldn't be anything to worry about. If the attorney suggests any special type of paperwork, do it the way he or she suggests.

Take care and please check back with any questions. We can support you even if we recommend seeking legal help.
Carol

vegaslady Jul 2014
How many times on this forum have people been told to check with an attorney before they take some action? You've done that. So, if on this forum you got opposing views, what would you do? If the car is now titled in mom's name, she's entitled to one car, and if she wants to give it away, ok. Next question.

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pamstegma Jul 2014
Talk to her caseworker about how it affects her benefits. Much depends on how much the car was worth.

JessieBelle Jul 2014
Pam, your thought was mine. This is something I would double-check with the caseworker. The attorney and elder care people say it is fine, it should be.

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