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Quitclaim transfer of jointly owned condo & medicaid

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Icon Mini Profile bee





Joined: 23 Aug 2011

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Post Posted: Tue Aug 23, 2011 6:24 pm    Post subject: Quitclaim transfer of jointly owned condo & medicaid
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Hello, any help would really be appreciated. My husband and I co-owned a condo with my dad, but then he recently quitclaim deeded his portion to us. If he needs to be in a Medicare/Medicaid facility in the future, can they put a lien on our home? I am aware of the loopback periods ,etc, I just was wondering if they can place a lien on our home and is that lien a lifetime lien or does it get removed eventually?
We were always co owners of the property, just my dad recently quitclaimed his portion over to us. Also can they force a sale of the property? Thanks for your help
Icon Mini Profile jameshogg
jameshogg




Joined: 20 Dec 2005

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Post Posted: Tue Aug 23, 2011 8:04 pm    Post subject:
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Hi bee,

As the property is deeded in your name, Medicaid/Medicare won't be able to place a lien on that property. But, as far as I know, after the property is transferred, your father may not be eligible for Medicaid for the next 5 years.

Thanks
Icon Mini Profile bee





Joined: 23 Aug 2011

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Post Posted: Tue Aug 23, 2011 8:35 pm    Post subject:
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Hi there,
Thanks for your reply it is much appreciated. He did the quitclaim a few months ago, not for Medicaid purposes (I just learned of all of these rule recently). I have a few quick questions, if I may ask- it is hard to find info re: Medicaid & quitclaim transfers for a share of a property to already existing joint owners.

1. So, if I understand correctly, since my dad quitclaimed his share to us, Medicaid cannot place a lien on the property for the half he quitclaimed? We pay all mortgage, taxes, etc on it.

2. Can Medicaid force my husband and I to sell our condo if my dad does get Medicaid?

If my dad for some reason does need care before the lookback period ends, can they render the quitclaim transfer invalid?

Thanks again for all help, am stressing out here.
Icon Mini Profile jameshogg
jameshogg




Joined: 20 Dec 2005

Posts: 10477
Location: Nevada
990.06 Dollars($)
Post Posted: Tue Aug 23, 2011 11:30 pm    Post subject:
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Hi bee,

To answer your first question, yes, as far as I know, the Medicaid won't be able to place a lien against the home as the property is in your names. Your father won't get a Medicaid within the next 5 years. However, Medicaid cannot force you and your husband to sell off the property. If the quitclaim deed has been signed and recorded, Medicaid won't be able to declare it as invalid.

Thanks
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Post Posted: Wed Aug 24, 2011 12:47 am    Post subject:
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Hi James,
Thanks so much, that is good to know. Yep, deed was recorded and notarized. I do appreciate the time you have taken to answer my questions, as I mentioned previously I have had a hard time finding info. regarding this topic, mostly about ppl. who quitclaim property after the fact or when it was solely theirs before the transfer, or even making someone a joint owner after the fact.
I guess you can say every other scenario except mine Smile thanks again so much, and I also welcome others to chime in as well.
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