Filing a quit claim deed a person dies?

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Icon Mini Profile joihubbard

Joined: 30 Jan 2010

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Post Posted: Sat Jan 30, 2010 2:03 am    Post subject: Filing a quit claim deed a person dies?

My mother was on medicaid for only 4 months while she was in a nursing home in Georgia. We had previously filled out a quit claim deed prior to her going into the nursing home because i was taking care of her and she knew she wasn't going to return to her house. While she was in the nursing home she was put on medicaid. After her death i received a bill for the total of 16,000.00 Before her death I didn't file the quit claim deed because i didn't know if she would have a problem getting medicaid, but when she passed i filed the deed. Now Medicaid is sending me something about recovering her debt. Will i have a problem because i filed the quit claim deed after her death? and Can Medicaid take the home or place a lien on the property? Please tell me what are my options are. Also, I never went through probate court to become the executor of estate, is that something i need to do? Before she died she made a will that i filed during the time i filed the quit claim deed. Please give me advice on this situation.
Icon Mini Profile jenkin7

Joined: 04 Jun 2007

Posts: 4537
Location: Hawaii
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Post Posted: Sat Jan 30, 2010 2:21 am    Post subject:

Hi joihubbard,

If your mother signed over the property to you through a quitclaim deed, you are now a legal owner of the property. But Medicaid can still come after the property to recover the debt. There is a look back period of 4 years for Medicaid. It means that if your mother has transferred the property within the last 4 years, the transfer will be seen as a means to avoid Medicaid estate recovery and hence, it will be considered as valid. In such a situation, Medicaid can come after the property and can place a lien on it.
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