They would have to prove intent to defraud but the adversary has the advantage. And I told her if she dies, Medicaid will take her house. She said she didn't care, she'll be dead, it wasn't worth much anyway.
Thanks for the head's up. I'll warn her again. Often you should get more than one or two opinions and from the right sources. Have it in writing or, short of that, certified copies of the applicable statutes in force for the entire applicable period. She does have a good investment broker; I'll make sure she's run it all by him. Think she did but think isn't good enough.
And then he advised her to get a lawyer to make a will which she did. I'll ask if she ran it all by him.
Even lawyers don't have all the answers, and they miss things. You have to stay on top of things yourself. Ask me how I know. Because my daughters fought a bitter lawsuit, and I was the lawyer contact. I told her some key information, she missed it. So I told her again some months later. It was phone records, certain ones. So I get the phone records burned on a cd. Then it was placing one daughter at a certain time and place to prove she didn't do something.
So I'm talking to the contracted lawyer, and we got proof she had an appt at 9:00 AM on a certain date. But you need proof you kept the appointment. So she got that. It blew everything up but the other side still kept making false allegations.
There wasn't any money in it for me. And it's not that I'm so smart and could have missed something. I have missed things. That's how I learned to question every single thing and stay on top of everything. We are talking about lawyers with excellent reputations and track records here.
Nobody cares about your business more than you do. Or should.
Well, the income and asset rules for food stamp and Medicaid benefits for every state are on-line.
You can take it from there. Opinions don’t count. All that matters are investment amounts — one is either under or over the state’s limits and disclosed it or not.
Good luck to you in any case. Sounds like it might be an uphill battle.