Mom gave me money about a year and a half before in a nursing home. Now I'm being told I have to pay the money back?

What ur sibling did was illegal and he should have to give up the house just as you would have to pay back the money. You don't say whether Mom was ever on Medicaid. If I were u I would get a lawyer. If Mom was on Medicaid wills are null and void. Medicaid gets their money back before anyone inherits.

I"m very sorry for your loss, Endofroap. I hope all of these painful issues get resolved soon so that you can look back to happier memories. Look after yourself.

Mom has passed in July. I called EA because the sibling would not let me talk with my mom or see her, i had no idea if she were alive or dead. EA had a social worker go out to check on mom but was denied in the house she sibling said she needed an appointment . When she was allowed in she became concerned for mom because she could see the sibling was over his head with the care for mom. She went to court to get the guardian/ conservator and mom was placed in a NH but not with out the siblings making issues. The will mom had made up was in her safe in her home which the sibling broke into and quickly filed a quick claim to moms house which mom willed to go to him after her death. There was a lot of other seedy things he did but the one of all was not to tell me mom passed about I found out when the funeral home called me to ask for a second signature for cremation. Talk about a real piece of work this sibling and his partner i just do not want anything more to do with them after this probate hearing .

The money she gave/gifted you becomes a transfer penalty for her which will make her ineligible for Medicaid. Transfer penalty will be a set # of days and basically based on the amount she gave you and your states daily reimbursement rate for room & board at the NH. Like 85K in a state that pays $200 a day would be a 425 days of ineligibility…….

Medicaid requires financial documentation, so that "gifting" of $$ to you for a downpayment has shown up. And to the penny.

? for you? - why does mom have a court appointed guardian? Usually its a daughter or son who is their parents DPOA & MPOA. A guardian requires an hearings before a judge. Why wasn't it family? The court appointed guardian has a lot more powers to get things done for your mom who is their ward. They can get all sorts of banking & tax info and pull real property records easily from the state. I'd be concerned that IF you do not return the $ or work out a payment plan to the NH for mom's care, that you could be charged with some sort of elder abuse or financial exploration of an elder. This stuff gets serious fast. Calmly and clearly find out from the guardian what the transfer penalty is looking like for your mom and then how you are going to pay for this. If mom gifted to others, they too will have to work something out.

I assume that your mother is about to go on Medicaid.

The idea is that Medicaid is supposed to be a safety net where taxpayer money is used to provide care for someone who has exhausted all of their funds and is not broke.

In order to protect the taxpayer from people giving all of their money away and then claiming to be broke, Medicaid will take a look at the five years prior and if any money was given away, it will have to be reimbursed and use for the elderly person's care before taxpayer money can be used.

This has nothing to do with if you have siblings or about what happens to the money after her death. If she gave you money in the five years before she asks the taxpayers to pay for her care, it has to be paid back.

Now, if that was not your question and you are asking about what happens to this money after she dies, that would all depend on her will and if you signed a promissory note. But I doubt her guardian is talking about that.

They must be thinking that she might need medicaid in which case there would be a 5 year look back and thus a question about where that money went which might disqualify her from medicaid.