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Old 06-20-2010, 07:17 PM
 
456 posts, read 1,125,383 times
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Quote:
Originally Posted by I_Love_LI_but View Post
Why did the inheritance of the house skip a generation to you instead of to your mom from your grandparents in the first place?
If you are curious, my mom is the sweetest woman you will ever meet, she is able to keep a full time job, but she is mentally disabled, I am the only child, so I watch out for my mom to the best of my ability. The air was cut off at birth which got in the way of her brain development. This was in the days before people sued doctors for such things, which is why the malpractice rate for OBGYNs is so high and why many aren't even delivering babies today.
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Old 06-20-2010, 07:23 PM
 
Location: Nassau, Long Island, NY
16,408 posts, read 33,385,547 times
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Quote:
Originally Posted by JDMBA View Post
If you are curious, my mom is the sweetest woman you will ever meet, she is able to keep a full time job, but she is mentally disabled, I am the only child, so I watch out for my mom to the best of my ability. The air was cut off at birth which got in the way of her brain development. This was in the days before people sued doctors for such things, which is why the malpractice rate for OBGYNs is so high and why many aren't even delivering babies today.
I see. If she inherits anything the State and/or County will want to be paid back for help they gave her in the past, so it's better if she doesn't suddenly "come into money" or inherit any property because a lien will be put on it. I know of a guy like that who works, etc. (restaurant job), too and when his father died they didn't want the State to demand their money back so his father left the money to other relatives (who in turn will help the son out if he needs it, but he doesn't as he lives in a group home and probably will stay there). Very crafty!
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Old 06-20-2010, 07:26 PM
 
456 posts, read 1,125,383 times
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Quote:
Originally Posted by I_Love_LI_but View Post
I see. If she inherits anything the State and/or County will want to be paid back for help they gave her in the past, so it's better if she doesn't suddenly "come into money" or inherit any property because a lien will be put on it. I know of a guy like that who works, etc. (restaurant job), too and when his father died they didn't want the State to demand their money back so his father left the money to other relatives (who in turn will help the son out if he needs it, but he doesn't as he lives in a group home and probably will stay there). Very crafty!
She's mentally incompetent. She can't take care of a house!! That's why. Man, how can you read anything into this. I said she works full time. She has never received anything from the county. I am an honest person. Don't try to make things out like this when they are not. How can you accuse me of this???!?!? All I do is try to help my mom, not buying things for myself, helping my mom out, and I'm a bad person??? Wow. I don't go around trying to cheat people of money and you are insulting my family saying that they would do something like that. There are decent people out there.

I guess my grandparents trusted me enough that I would do the right thing for my mom and not treat her badly.
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Old 06-20-2010, 07:33 PM
 
Location: Nassau, Long Island, NY
16,408 posts, read 33,385,547 times
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Quote:
Originally Posted by JDMBA View Post
She's mentally incompetent. She can't take care of a house!! That's why. Man, how can you read anything into this. I said she works full time. She has never received anything from the county. I am an honest person. Don't try to make things out like this when they are not.
The way things are done if the mentally incompetent person had not received any government help and, thus, is not in the database that is cross-checked when lawsuit winnings or inheritances are filed in the Court, is they leave it to the person who is "mentally incompentent" and appoint a guardian to help them "take care of the house," etc. Therefore, it is still the person's property, but they are getting help also.

The guy I know is mentally incompetent and works f/t too. Big deal. It's possible. But he had received extensive vocational training, mental counselling, etc., to get him to where he is today when he can work.

When his father died, he preferred the money stay in the family than go to the State. After all, there are plenty of people who received this govt help and never will have any money and never will pay it back, so his father didn't want to leave his estate to his son.

Your mother raised YOU, didn't she? Even though she was mentally incompetent from her own birth, she raised a baby (a SMART baby too!).

Of course she must have gotten government help and for years too. DSS will send over housekeepers, babysitters for respite care, and people who train with parenting skills, etc. DSS has excellent programs for mothers in your mom's situation to help them live as independently as possible.

PS: Never said YOU were dishonest. After all, you didn't write the will!
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Old 06-20-2010, 07:42 PM
 
456 posts, read 1,125,383 times
Reputation: 192
Quote:
Originally Posted by I_Love_LI_but View Post
The way things are done if the mentally incompetent person had not received any government help and, thus, is not in the database that is cross-checked when lawsuit winnings or inheritances are filed in the Court, is they leave it to the person who is "mentally incompentent" and appoint a guardian to help them "take care of the house," etc. Therefore, it is still the person's property, but they are getting help also.

The guy I know is mentally incompetent and works f/t too. Big deal. It's possible. But he had received extensive vocational training, mental counselling, etc., to get him to where he is today when he can work.

Your mother raised YOU, didn't she? Even though she was mentally incompetent from her own birth, she raised a baby (a SMART baby too!).

Of course she must have gotten government help and for years too. DSS will send over housekeepers, babysitters for respite care, and people who train with parenting skills, etc. DSS has excellent programs for mothers in your mom's situation to help them live as independently as possible.

PS: Never said YOU were dishonest. After all, you didn't write the will!
My grandparents raised me. They lived downstairs and so did I. She lived upstairs in her original room, they just added a bathroom, kitchen, and living room for her.

There is a scale to mental ability. I don't know where she would rank IQ wise but she isn't "normal." She is not at the level where she would get services. I'm sure she was in special ed classes but my grandparents tried to hide the fact that my mom was different and to this day, my mom doesn't know that there is anything wrong with her. There was no DSS or anything like that. My grandparents tried to shelter my mom. She has a county job that I think was gotten through some program to get jobs to people who are mentally disabled. She doesn't know this. There was no vocational training etc, she has a simple job that she has done for decades.

I first started in law school doing trust and estates law and I think one of the reasons why it is so expensive here is because of all of the BS that people try to pull with their aging parents. They try to get the state to pay for their rich parent's nursing homes by filing spousal refusals to pay for aid, by transferring assets etc. A lot of people will go out of their way to cheat the county. There was no DSS. My grandparents raised me. I owe everything to them.
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Old 06-20-2010, 07:47 PM
 
Location: Nassau, Long Island, NY
16,408 posts, read 33,385,547 times
Reputation: 7341
^^^
There are definitely people who know the laws chapter and verse. For example, they know the exact number of years that you need to transfer a person's assets away from them before the person can go into a Medicaid-paid nursing home and not be hassled about transferring their assets. I am on the fence about this because nursing homes will eat up the money a person worked for very fast by charging a lot more than they charge insurance or the government (i.e., ripping the private patient off just like insurance companies rip off people who buy their own independent policies) and then the person goes on Medicaid anyway once they are destitute and their family gets nothing. I don't think that's too fair either. If we had a public option for health care, like all the other civilized first-world countries do, this kind of shenanigans would be a moot point.
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Old 06-20-2010, 07:50 PM
 
456 posts, read 1,125,383 times
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Quote:
Originally Posted by I_Love_LI_but View Post
^^^
There are definitely people who know the laws chapter and verse. For example, they know the exact number of years that you need to transfer a person's assets away from them before the person can go into a Medicaid-paid nursing home and not be hassled about transferring their assets. I am on the fence about this because nursing homes will eat up the money a person worked for very fast and then the person goes on Medicaid once they are destitute and their family gets nothing. I don't think that's too fair either. If we had a public option for health care, like all the other civilized first-world countries do, this kind of shenanigans would be a moot point.
This was what I did when I got my first law job. It was disgusting. You can't live with yourself and do stuff like this (well, apparently some lawyers can). Lawyers know the game.

You can transfer something like 11k per person for year without worrying about any issues. If you plan in advance, you can get around it, but then, it's the "getting around it" part that's the problem. In my opinion, long term care insurance is probably the best solution.

With public care, I would worry about the quality because the quality does differ and our aging population should get the care and respect they deserve.
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Old 06-20-2010, 07:52 PM
 
Location: Nassau, Long Island, NY
16,408 posts, read 33,385,547 times
Reputation: 7341
^^^
People usually do not think about LTC insurance while they are perfectly healthy and once there's even the tiniest bit of evidence they might need it, guess what? The insurance companies won't sell it to them!

As for public care, the good nursing homes don't accept Medicaid, so apparently people who pull the asset transfer stuff with their parents don't care about the quality of the care, do they? I am also taking about a public payer option, not separate and unequal "public" hospitals, nursing homes, etc.
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Old 06-20-2010, 07:55 PM
 
456 posts, read 1,125,383 times
Reputation: 192
Quote:
Originally Posted by I_Love_LI_but View Post
^^^
People usually do not think about LTC insurance while they are perfectly healthy and once there's even the tiniest bit of evidence they might need it, guess what? The insurance companies won't sell it to them!

As for public care, the good nursing homes don't accept Medicaid, so apparently people who pull the asset transfer stuff with their parents don't care about the quality of the care, do they?
The good nursing homes will accept Medicaid. As I said, I used to do this when I was in law school. You would be amazed at the nursing homes that take Medicaid. But, this is changing. There are some places that will only keep their current patients and once they pass, they will not replace their beds with Medicaid patients. I'm not sure how it is now, five years ago, any nursing home would take it.

Other option, be nice to your kids?
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Old 06-20-2010, 08:00 PM
 
9,341 posts, read 29,766,595 times
Reputation: 4573
Quote:
Originally Posted by I_Love_LI_but View Post
If we had a public option for health care, like all the other civilized first-world countries do, this kind of shenanigans would be a moot point.
Then we would all have equal, but poorer medical care.

Socialism makes us all equal by making us all poorer.
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