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posted Mar 13, 2023 8:17:09 PM

Gifting - one donor - multiple recipients in one family

I am a single grandmother who would like to gift $17,000 to each of my nine descendants for several consecutive years so that an assisted living home does not get the bulk of the money that I have saved.  I have one son with a wife and three adult kids, and one daughter with two adult kids and one infant grandchild, so that is nine people. I will write nine separate checks.  My son's family will deposit their checks into one account that my son will maintain. My daughter's family will deposit their checks into one account that my daughter will maintain.      I am aware of the five-year lookback period for Medicare and that the latest of my gifts might possibly trigger Medicare's penalty period. That's why my 58-year-old son and 60-year-old daughter will pool each family members' gifts and sit on the money until a potential penalty period is paid out.  Can each family combine their gifts into one account, or do each of the nine people need to deposit their gifts into nine separate accounts? 

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3 Replies
Expert Alumni
Mar 13, 2023 8:29:04 PM

As long as you make separate checks, how they store the funds is immaterial. 

It would be fine (as far as the gift tax is concerned) that they deposit funds into joint accounts.  

Level 15
Mar 13, 2023 9:35:34 PM

Just to be clear.....the five year lookback is not with Medicare. It is with

Medicaid. 

  If you need for your care in a nursing home, etc. to be paid for by Medicaid because you have exhausted your own assets, they have a five year lookback to any money you have given away.   It seems you have a significant amount of money at stake here.  You should seek advice from an elder law attorney to help you understand the way all of these things work.

Level 15
Mar 13, 2023 10:17:01 PM

also discuss the gift giving with the lawyer. Medicaid is not the IRS so how they would view the gifting could be different than how the IRS views it