Find Senior Care (City or Zip)
Join Now Log In
S
SHINYRACCOONS Asked August 2024

My brother in law got cancer. In order for him to receive medical care he had to sign over everything in his name that he owned.

His property over in texas to his girlfriends daughter in agreement that she would pay him 500 dollars a month. But she has not paid him anything. Is there anything he can do legally about this?

BlueEyedGirl94 Aug 2024
I'm very confused. What exactly did he he sign? Does he have a Power of Attorney? If so they need to request copies of all the documentation that was signed, immediately - and meet with an elder care attorney to understand exactly what has happened here.

If the girlfriend's daughter entered into a long term agreement of some kind to pay fair market value over time (some how I doubt that - but it's kind of moot since she hasn't paid anything anyway) then that needs to be on record so that he can still qualify for Medicaid.

Otherwise- she likely needs to return all of his assets and he needs to spend them down on legally allowable purchases - including his care - until he qualifies for Medicaid.

The statement that he needed to sign over everything to her that was in his name in order to receive medical care is incredibly vague and right now it just sounds like he got scammed.

JoAnn29 Aug 2024
I have thought about this. So he "sold the property" did not just hand it over. Was it sold at Market Value because thats what Medicaid requires? Was there a contract with the amount of the sale and payments to be made? If she has not made one payment and there is a contract of sale then maybe this can be reversed, the property put back up for sale so his Medicaid continues. I would see an Elder lawyer. If this was a house he lived in, that is an exempt asset and would not have kept him from getting Medicaid.

ADVERTISEMENT


JoAnn29 Aug 2024
I just thought of a Judge Judy comment. You need to come to court with clean hands. If ur BIL went on Medicaid for help he was not suppose to transfer property. Thst was an asset that could be used for his care. He is allowed a house andva car but everything else has to be sold. In home care requirements are pretty much the same as Long-term care. There is 5 yr lookback for Medicaid. No gifts, trust or tranfer of property can be done.

I so hope he had a contract written up stating she owes $500 and what happens when she does not pay. He probably cannot afford to take her to court.

Evamar Aug 2024
I think the second applies Geaton, GF did know exactly what she was doing.

Geaton777 Aug 2024
How old is your BIL? Is he too young for Medicare (65)? Doesn't sound like anyone knew what they were doing, or that the GF DID know what she was doing and took him to the cleaners... so sorry, he now needs a lawyer.

AlvaDeer Aug 2024
His money should have gone to his care.
He has now essentially "gifted" this money which will mean he will not qualify for governmental assistance.

I am assuming you have no legal paperwork? If not this is basically a nightmare and you should see an elder law attorney at once to see what options you have.

Daughterof1930 Aug 2024
He’s been taken advantage of or terribly misguided. He needs the advice of an elder care attorney

lealonnie1 Aug 2024
Did your brother in law sign over everything he owned to this woman in order to get on Medicaid? If he's hiding assets from the government, I don't imagine he has a legal leg to stand on.

Wishing your BIL good luck with his medical care.

LyndeeNew Aug 2024
Something is very, very wrong here. Call legal aid for advice.

ADVERTISEMENT

Ask a Question

Subscribe to
Our Newsletter