Follow
Share

Hi Dear,



10 years ago, my parent transfer the house to me through a quitdeed claim (it was recorded), I am paying all taxes and fees these years. Later they were qualified and went into medicaid program.



In this case, will medicaid estate recovery program take away my house medical, will medical recovery program take away my house after my parent pass away?



Appreciate your information.
Dave

This question has been closed for answers. Ask a New Question.
Find Care & Housing
As others have stated, you really need to speak to a certified elder care/estate attorney. Not all attorneys have this type of experience and may give good advice, but it may not be the best advice for your individual situation.. Anything you read here are only opinions and it would be better to pay up front to get the correct answer instead of finding out later there was something that could have been done. Those on this board are from all states and some are international so you need someone who is licensed to practice law in your local state. Another issue is laws change and that too could affect why your case may be different from someone here that says their case is just like yours.
Helpful Answer (6)
Report

Medicaid will probably put a lien on the house if it qualifies as part of the recovery. They are not in the real estate business, so will not actually "take" your house. You need advice from an attorrney to know what to expect.
Helpful Answer (5)
Report
my2cents Feb 2023
True. Recovery looks at the 'leftovers' that are divided up with probate. They file claim as a debt owed so they can get their cut before remainder money is distributed to all the heirs in will or in the probate process if no will
(2)
Report
See 1 more reply
I have the same ? as JoAnn, so when QCD recorded was a secondary action done in which title on the property changed?
OR
did they only file QCD as an document onto the property? Like file it as an attachment onto the property’s PPIN like what the county would file if they did a 3’ egress on the west side of property line for new sidewalks type of filing. So they did a QCD but did not actually legally change title to you so they could keep all their over age 65 & homestead exemption perks?
In whose names are tax assessor / collector bills? You pay them but whose name(s) are on the bill?
Who holds a homestead exemption(s)?

Out of curiosity, did your parents own the property via a Warranty Deed and have a Release of Deed of Trust on file at the courthouse at the time they did that QCD to you?
Helpful Answer (4)
Report

You need to speak to an elder law attorney because each state is different. If her name is still on the title, then it may be a problem. You can go to your town hall to pull the file by address and take a look.
As an aside, by paying taxes and upkeep, I will assume that you have been paying quite a lot less than renting a place. I hope you have been a saver.
Helpful Answer (3)
Report

I agree with Mac. See an elder law attorney. If this house was transferred 10 years ago it MAY be yours, with no claims of your mother's estate relevant to it if her name is not on the deed. However, this is something you need to find out for certain, as you are talking your home, and the value of it. You should see a Trust and Estate or Elder Law Attorney. When you make the appointment explain that you have a few simple questions you need answered and would like an hour of time. Good luck.
Helpful Answer (2)
Report

The problem right on the surface with your situation or area of ambiguity is how many years later did they go into gov provided care after deeding you the property?

What were the laws in Ca at that time regarding assets belonging to the ones seeking aide for care?
Then, was the document created as required by the state of Ca., were the grantors named and competent, was the grantee named etc etc?

I read that quit claim deeds are more valid than they once were but there are rules and regulations that must be followed for good reason for the protection of all.

Just a personal quirk of mine, the name of the document indicates that the person signing is conveying his or her claim to the property (and that may be all that is needed). But I always wonder… Are there others who could have a claim such as extended family?

Someone who has the education and experience in these matters and has all the pertinent personal data made available to them could probably alert you to any red flags. That is usually an attorney with the needed background, not just any attorney.

An abstractor or title office could sell you an abstract of title but their expertise is in letting you know what has already happened (been filed) regarding a property, what the history is.

You are wanting to know the future.
Helpful Answer (2)
Report
igloo572 Feb 2023
97, your concerns very much I share. Quit Claim Deeds by their nature are fraught with problems as they do not guarantee clear title; they are what the individual(s) signing QCD document considers themselves to be able to be assigning 100% transfer of. Only a Warranty Deed guarantees clear title.

There was a real trend on QCD maybe 15? not quite 20 years ago. It was after Hurricane Katrina which is 1 of my big lodestars for time as a lot of folks did QCD on post Katrina property & I did outreach postKatrina. Basically QCD proved to be a bad bad idea b/c property very often had generational heirs so that 1 that signed did NOT have the ability to sign off fully (even though only they lived there seemingly forever to the point they had homestead exemption); OR - this was more sticky - as QCD could not guarantee clear title, they could not easily qualify for lending programs or outright grants or easily sell the property. To get around the unclear title, they would need to get a Quiet Title Action Done. (As in quieting any complaints). Quiet is a kinda like what a title company does in property search history but add to it series of Notices placed in publications wherever old owners now seem to,live or where past tax bill sent lived (kind like what is done for Notices to Creditors for probate) to actively seek out any owners. A title company can’t do Quite Title Action, it has to be done by an attorney, usually a Real Estate attorney. Should anyone come forward, QCD is challenged. During the postKatrina world, none of this could be done in a timely manner so those holding QCDs pretty much got shut out of SBA $, RoadHome $, MDA 150K grant $. And it was hard to sell the property or get $ to renovate as no clear clean title as they had a QCD, as banks would take a hard pass. A big reason why even now you see areas still blighted and untouched in parts of coastal LA & MS. It was a real learning experience for me. Folks were under the impression they could DIY a property transfer via QCD pulled off the web for free so no need to pay for an attorney or title company or Realtor or other experienced professional. & maybe they can but if it goes wrong it’s a costly mistake that bogs down in time & $ to reset.
(1)
Report
Are you the only one on the deed? Do the tax bills have just your name, if so, the house is yours.

But 97 makes a good point, when did your parents enter the NH. Most States have a *5 year look back and any transactions transferring assets in that time frame are null and void. So if parents went into care after 5 years after the date of quitclaim, your probably safe.

*I think Cal its 3 years. We have other Californians on the forum so they will confirm if I am right or wrong. Also, Medicaid is MediCal in ur State and I think the asset limit is different than other States. And that is why you need to talk to an elder lawyer because States differ in their laws.

A question...was the house listed as an asset on the application when MediCal was applied for? If you own it, it should not have been.
Helpful Answer (2)
Report

There is a five look back window. You should be safe however, call an elder care attorney.
Helpful Answer (2)
Report

davoti: Perhaps you should retain an elder law attorney.
Helpful Answer (2)
Report

Short answer, probably. A quick claim deed does not mean your name is on the title of the house, which would have to be the case in order for it not to be considered in the parents assets. The parents are on the title of the house now, it is their asset. So if Medicaid recovery is needed, yes the house will be part of that, whether or not you have been paying bills on it or not.
Helpful Answer (1)
Report
KaleyBug Feb 2023
I disagree with this. My dad had a life estate deed. Per the probate court the house became my brothers and mine the day he died and is not considered an asset of my dads.
(0)
Report
See All Answers
This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter