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So you say a 5 million life time gift cap and everything above the 15k will apply to that. Where did you get this information? Because who ever gave it to you is not giving you a clear picture of how that works. I will let you find your own answer for the truth.

You also feel that keeping your mom on public assistance is paid in full by your taxes, if that is true, why not take her in and claim her as a dependent? You would save on your taxes and be able to accept the gift from you aunt without defrauding the system.

You jump on others about judging you and turn right around and judge them, saying if the shoe was on the other foot, we too would be looking at how to commit fraud. Then you criticize people that are caregiving for their loved one for using a forum that was created for that very thing, not how to pilfer the system. This obviously angers you, well, it straight out pisces me off when people use the system and I see children going to bed hungry or living in a shelter because there are no resources available to help their families get back on there feet. I don't know, maybe you all are proud that grandpa amassed a fortune while the taxpayers support his daughter, maybe all of his children, who knows. I don't think I would brag if I was in your shoes.

You asked a poster if they were threatening you, let me say, I don't think it was a threat, I think it was a promise and I'll sign that petition. Get the deadbeats that are abusing the system off welfare.

You should encourage your aunt to do the RIGHT thing, set up a trust that doesn't allow your mom to touch the money but pays her monthly bills, invested properly she could live years without collecting another penny of welfare. When that money is gone she can reapply for the services she is receiving.

You can call it anything you like, but it is fraud and it is criminal, just don't go there. Stay on the right side of the law. You'll feel better knowing that a child will get a home because your moms circumstances improved and created an opening of public assistance.
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ElmoHongZito Jan 2019
I only brushed over your extremely drawn out response. Here is my response as I paraphrase what someone else said today.

Please stop. Special needs trusts is one very common and legal way to accomplish what I want to accomplish. It is unfair for you to continue to insist that what I am suggesting is wrong, when the government has specifically set up a procedure where someone can do just what I want to accomplish. “If the shoe was on the other foot...” you too would be exploring this option (NOT “looking how to commit fraud or pilfer the system” as you try to put words in my mouth).

Once again, there are special government approved vehicles for allowing just this sort of transfer of funds (the aforementioned special needs trust). If someone 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.

The fact that it's legal is really all that matters. That may rub you the wrong way and piss you off but you’ll be ok. I promise. By the way, I hope you calling my mother a deadbeat makes you feel better about yourself.
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Based on everything I have read The one reciebing the gifted money does not pay taxes on it. The one gifting it has to file a gift tax paperwork if gifting more that 15k to someone in a year however they do not pay taxes on that money upfront either unless they go over the lifetime exception amount which is between 5 and 6 million.

Also, my aunt has not paid tax on that money. She was a co-owner on his bank accounts. The moment he passes she goes on to be sole owner of those accounts and I do not believe she is subject to taxation in this instance.

I could be incorrect but this is the info to the best of my knowledge.
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JoAnn29 Jan 2019
If aunt has to file paperwork then the IRS will know about the gift. You may not have to pay taxes but your return will have to show the gift. My DH inherited money, we didn't pay taxes but I am sure we had to show it on our return. I think checking with an accountant would be a good idea. Our tax preparer has one on site.
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Elmo, on this site if a thread is started the original poster needs to stay with the original thread. Starting a new thread is confusing. Some don't realize the thread has been asked before. We get tons of new members everyday. And like I said, we get no notifications of responses. Just have to look in our "following" folder every so often. And sad, but seems if a post isn't replied right away it gets pushed down by new posts. Thats why we "bump" them up if we see a stray.
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You got a response from an attorney below. You’ve received a lot of advice- now FROM an attorney to SEE an attorney.

You’ve rejected the trust because eventually the money in that trust would go back to Medicaid to pay for the benefits your mother received while she had a significant amount of money in the trust.

You’ve rejected annuities as the payout even at $300 a month would penalize her benefits and put her above the poverty level. If that’s what she wants, why not?

Have you asked your mother what she would like to do with the money? Is she involved in this decision? Not once have you mentioned what your mother might want.

And you are considering asking your aunt to “wire” the money into your account and you would then decide how your mother spends it? And then, merely “deducting” what you “think” the tax amount may be from the transfer. Who would file the tax forms for you, your aunt?

Seriously what gives you the right to decide for your mother? She’s only 65.

And you are calling us “hypocrites” as well. Geez louise.
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ElmoHongZito Jan 2019
I love how people that spend so much time on forums can so easily think they have everything figured out and can so easily judge someone from behind their computer just based on what they have read in a few postings.

I’ll still respond to some of your questions with hopes that you actually try to give guidance before throwing more jabs and judging me...

My mother was the first one to bring to my attention that ANY money she recieves will most likely cause her to lose benefits and that she wants me to look into her options which is what I am doing.

If my aunt wires money to me, she is the one that has to file tax returns for gifting however the way I understand it, she will not pay tax on gifting that money. Every dollar over 15k will go towards her live time gift exemption which is over 5 million
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A special needs trust may be the answer for the situation. If set up properly you can preserve Medicaid benefits. See an Elder Law Attorney.
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worriedinCali Jan 2019
the money would still go toward her care in that case and that’s not really
what he wants. He wants her to be able to spend the money freely while being supported by government assistance.
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Many of the replies referred you to an elderly care attorney ( from your mid December post) and now this post.

Doesn’t appear you’ve taken that advice yet. It’s true when a poster below stated the answers are the same as the first time you asked. Oh, sorry, it’s not an inheritance.

You received really good responses last month. I’m thinking you want Igloo back here so you won’t have to “pay through your nose” for a lawyer as you figure out how to get around the system. Laws vary in each state. I’m surprised you’ve waited this long to speak to an attorney in your state that is well versed in the law in your mother’s area.

Before you listen to anyone giving you “zero value” responses, why haven’t you contacted an attorney or at least paid for a consult?

How will you improve your mother’s quality of life when you are missing the most important part - her health? Paying off her car will do that? You stated she refuses to go to any doctor for treatment & that she’s estranged from her sisters.

She is unhealthy and alone. Money won’t solve that.

You wouldn’t think to provide her with better housing with that money? All she would have to do is give up her benefits and reapply when the money is gone. At 65 she is eligible for Medicare anyway. So she’d give up Section 8 & Medicaid only. You yourself need that money to pay off her car? You cant afford to take that on for your mother?

I thought the CD was going to mature by the end of December thus your urgency last month.

I agree with CM - nothing stopping your aunt from gifting your mother that money. Nothing stopping her to gift it to you for you to spend it on your mother either.
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NYDaughterInLaw Jan 2019
So right.
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I agree with frequent flyer. I think your aunt might be able to fund a trust and appoint you as trustee. A consultation with a lawyer is a very good idea.
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There's nothing to stop your aunt giving you this money if she wants to (unless your aunt may need to apply for Medicaid within the next five years, that is). There is nothing to stop you spending it on your mother if you want to.

Is there any way in which possession of an $80K windfall could improve your mother's quality of life?

Ask your aunt why exactly she wants to hand this money to your mother. If she doesn't have a reason which works to your mother's benefit, perhaps it would be better if she didn't do it. It certainly sounds as if she earned her legacy.
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you already asked the same question.....the answers are still the same.
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ElmoHongZito Jan 2019
No one responded to my last update which had relevant information about the situation (its not an inheritance). Thank you for providing zero value with your reply.
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ElmoHongZito, this is complex. I would highly recommend you see an "Elder Law Attorney" who will advise you on the correct way to handle the money.
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