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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....
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 See what moneys were withdrawn for things for Aunt?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.
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
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
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.