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Grandparent claim disabled child?


WITAXLADY

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Daughter passed away in Feb - grandparents relocate her daughter age 18 into a group home but she comes to their house now on weekends,

Someone told her to claim her...

Wouldn't the state be paying her way? Or if the granddaughter does get her own money she could file for WI homestead - but not the grandparents as not providing over 1/2 support...

Thank you for any thoughts - touchy situation, tough spot - your children are not to go before you!

 

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I admit it sounds doubtful that they can claim her, and free advice is generally worth exactly what you paid for it, but... I would at least look at all the facts and circumstances.  Did the granddaughter have any income?  Did her parents leave a trust fund?  Does the state pay for the group home, or are they billing the grandparents because they can?  Do they provide any of her support above and beyond 2/7ths of her living expenses?  At least the first year, it doesn't hurt the check all of the angles and document what you find out. 

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Support is not the issue. Child has to breath in the same household at least for 6 months in order to be claimed as a dependent.

 

Look at the exceptions to Time Lived with the Taxpayer, specifically "Temporary Absences"

 

which includes, school, vacation, business, medical care, military services, or detention in a juvenile facility,

 

count as time lived with the taxpayer.

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