Lowell, MA asked in Elder Law for Massachusetts

Q: I was sent a demand letter from my father's Nursing Home Attorney. Demand payment of his balance with a Chapter 109A .

Uniform Fraudulent Transfer Act. My dad was a resident at Life Care Center Billerica, MA from May 25, 2021 - July 11, 2022(death). I had him transfer House deed to me and my sister in Sept 2021 recorded on 10/8/2021. His balance is 8,600. I was aware of the balance, however, explained how he has NOTHING in his account to pay. They claim I am responsible for it for being the POA of his Estate. and when I had him transfer his deed I should have paid them first. He never had that kind of money nor do I.

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1 Lawyer Answer

A: So, there was a house transfer close to the date of death and includable in the lookback period so that there probably would not have been Medicaid/MassHealth eligibility . Contact a Medicaid specialist on this issue ASAP to present your set of facts to see if there is something recommended at this juncture.

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