Montana Lawyer Innocent of Malpractice for Alleged Welfare Benefit Advice

Thomas C. Bulman's Legal Malpractice Legal Blogs

Licensed for 37 years

Attorney in Missoula, MT

Question: Do I have recourse against an attorney for giving
me bad legal advice?
Question Detail: I asked my attorney if under it is okay to gift money (amount
allowable by IRS) and still be able to get Medicaid and he said it was ok. Now
I find out that Medicaid penalizes you one month for every $7000 that you give
away. This was gifts from my parents to their children and grandchildren and
now can’t get Medicaid for the nursing home for my mother. Do I have any
recourse here?


ANSWER:  Probably not.  He will deny giving such erroneous
advice and it will be hard to prove it.  Money is money to Medicaid.  Win the lottery or get a big cash gift from
an Uncle, it doesn’t matter.  You will
have to spend down  ASAP.  Buy exempt assets like one auto, trade the
other junker in.   What are your damages?  You got money as a gift instead of from the public treasury.  You have to spend your money before you spend Uncle Sam’s.  What is unfair about that?  Get a job.  Get a check.


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