She is w/other family now. He took care of her for 4 yrs. She transferred $50k to his account 3 yrs ago to pay for his expenses...and van to transport her. He co-mingled the money with his and had about $42k left at death. They want it all....
Im sorry for your loss. WHo exactly wants the money? IF its family, I don't think they can take the money away from you. If she is in a nursing home, there is a lookback period and potentially they have rights to HER money BUT you have to determine what amount is truly hers that is left in savings
I would say yes, only because of Medicaid. If there is no paper trail explaining why Dad was given the money, then Medicaid looks at it as a gift. That gift has to be paid back or it will cause a penalty against the aunt.
Is there a way you can calculate what expenses your Dad had because he was caring for your Aunt? Was the Van in her name or his? Was it specially equipped? The cost of a new Van could have taken a lot of the 50k. You need to find that paperwork or go to the dealer. Vans are usually customized for the handicapped after bought so see if there is paperwork for that. It maybe a matter of just turning over the Van.
I just read that a car depreciates 20% the first year and 10% every year after that. So the Van has depreciated 40% in 3 years. So if the total cost of the Van was 50k its now worth 32,400 if my calculations are right. They are not entitled to 50k. The Van was only bought because of your Aunt's needs. Your father may not of purchased it other wise. So turn it over and let them sell it to recoup some of the money.
Can you go thru Dads bankstatements from the time the 50k was deposited? See what moneys were withdrawn for things for Aunt? Did Dad pay by credit card gas for van? Then write a check to himself to cover it. Hopefully he kept receipts.
If you can find this info, get it all together on a spread sheet starting with 50k and deducting from there. Dad did care for Aunt so you may want to bring that up. At $10 a hr., $240 a day., 7200 a month, $86,000 a year. I think her family got a good deal.
I know there are arbitrators in our court system that try to work things out like child support and divorces so it doesn't go to court. See if there is anything like that in your county. It will not be worth getting a lawyer for 50k. But if you can prove Dads expenses, then it may pay to have an unbiased person involved and an agreement met. They can ask all they want, doesn't mean they deserve it.
Is there a way you can calculate what expenses your Dad had because he was caring for your Aunt? Was the Van in her name or his? Was it specially equipped? The cost of a new Van could have taken a lot of the 50k. You need to find that paperwork or go to the dealer. Vans are usually customized for the handicapped after bought so see if there is paperwork for that. It maybe a matter of just turning over the Van.
I just read that a car depreciates 20% the first year and 10% every year after that. So the Van has depreciated 40% in 3 years. So if the total cost of the Van was 50k its now worth 32,400 if my calculations are right. They are not entitled to 50k. The Van was only bought because of your Aunt's needs. Your father may not of purchased it other wise. So turn it over and let them sell it to recoup some of the money.
Can you go thru Dads bankstatements from the time the 50k was deposited? See what moneys were withdrawn for things for Aunt? Did Dad pay by credit card gas for van? Then write a check to himself to cover it. Hopefully he kept receipts.
If you can find this info, get it all together on a spread sheet starting with 50k and deducting from there. Dad did care for Aunt so you may want to bring that up. At $10 a hr., $240 a day., 7200 a month, $86,000 a year. I think her family got a good deal.
I know there are arbitrators in our court system that try to work things out like child support and divorces so it doesn't go to court. See if there is anything like that in your county. It will not be worth getting a lawyer for 50k. But if you can prove Dads expenses, then it may pay to have an unbiased person involved and an agreement met. They can ask all they want, doesn't mean they deserve it.