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"Enhanced Life Estate Deed/Lady Bird Deed, does enable a person to have the home exempt from medicaid claims during his lifetime. And also enable persons named on the deed receive the house free from medicaid claims."------PER THIS STATEMENT, IN FLORIDA, DOES IT MATTER ABOUT THE TIMING OF WHEN THE ELED WAS PUT IN PLACE AS REGARDS ANY MEIDCAID LIENS?

jameshogg · Posted: Thu Jan 01, 2009 11:36 pm Post subject:

Hi aleksy,

As far as I know, enhanced life estate deed will not make a person ineligible for Medicaid as long the person expresses his/her "intent to return" to the property. The "intent to return" is generally expressed in the form of an affidavit or letter signed by the person. In case if there is no intent to return, the home can be said to be an exempt asset for Medicaid eligibility if that person's spouse or relative occupies it. But Medicaid has a look back period of 5 years. Transfers of countable assets during the look-back period of 5 years will lead in a waiting period. Once the waiting period is over, then the person concerned can start collecting the Medicaid.

Thanks

Guest

to Guest Christyne

Sounds like a touchy situation: since the property wasn't a homestead.. or
did the person live there at all.. they may not have bothered to file for
a homestead exemption,. as for it being in a Lady Bird / Enhanced life estate deed,.. if its been notorized before this person became disabled.. I sugest you file it on public records with the clerk of court,. and that depends on all the wording on that deed,. once your loved one passes,. the property is yours by operation of law, the next step is to file the death cert, with the court.. then take the copy of the bird deed that will also be of public record by that time.. and change the owner of record at the property appraisers office.. then the question comes about the mediaid lien if any was put on that property,.. they may have only filed a lien of record to the estate.. which means your title should be clear,. but if theres an actual lien on the property you can file outside of probate court a separate case of whats called a " Quiet Title Suit " against the lien.. this is done to get the encumbance off "lien off " the property,. from diffent views of both property laws and probate laws of florida.. I'd say the Quiet Title action to clear off the medical liens would be the best course of action,.. since in probate the judges have there hands tied to the probate codes which say that Medicaid gets paid,. ware as in a separate case outside of probate in a quite title action.. medicaid has to come in with repersentation but in probate they do not.. they just file there claim,. the research shows that medicaid has lost in quite title actions.. in tax deed sales that they had liens on a property because of the former owner.

Guest

My mother-in-law is close to having to go into a nursing home. The lawyer has told my father-in-law if he places the home/farm into a lady bird deed, he will not have to spend down for Medicaid and when she/he passes that Medcaid can not come after the home/farm for owed monies for the nursing home. He is the only lawyer we can find who will do a lady bird deed. The home/farm is located in North Carolina. No lawyer even the bar association is aware of the lady bird deed in North Carolina. Is it accepted by Medicaid in North Carolina and if so, does it meet the criteria stated in my above questions? Any help would be appreciated.

Posted: Sat Jan 17, 2009 2:18 am Post subject:

Well, as far my knowledge, lady bird deed or a life estate deed is accepted in North Carolina. A lady bird deed will not disqualify your mother in law to receive the medicaid benifits if she plans to return home. Even if she does not return home, the property will be exempt from medicaid estate recovery if her spouse or relative stays in the property.

Guest

Medicaid (aka madical in california). When applying for medical, you can have no more than $2000.00 at any time, one house, and one vehicle. If one gifts their home to their kids, they need to do it through an Elder Attourney....not just "an" attourney. It is important to have a "intent to return" written and signed by the giftor when gift made legal. Always get the appropriate legal advise before, during, and after. Gifting can work!!! Don't just give it to the state....protect it.

Guest

My grandfather has been in a nursing home for 5 months. His house is his only asset, which is due to go to my mother after his passing. They had a Quit Claim Deed done years ago prior to his going on Medicaid. In Michigan, will the Ladybird Deed avoid Probate unlike the QCD? He just qualified for Medicaid in January. Will doing a Ladybird jeopardize his staying qualified for Medicaid?

jewart · Joined: 13 Feb 2009 Posts: 2 1.74 Dollars($)

I am interested in getting a Ladybird deed to transer my real estate to my children. I live in North Carolina.

jenkin7

Hi jewart,

Enhanced life estate deeds or better known as Lady bird deeds are valid in states like Florida, Texas, Ohio, California, and Kansas. As far as I know there's no such clearly-defined law in the sate of NC that validates a lady bird deed. Thus it would be better if you can check with the county clerk's office whether this deed is valid in your state.

Guest

My mother-in-law is in a nursing home in Mississippi which most of the cost is paid for by Medicaid. She stands to inherit a small amount ($10,000) of money from a brother that has just died. How will this affect her Medicaid eligility and what should I do or what can I do to be able to maintain her eligibility? Thank you for your advise.

jenkin7 · Posted: Fri Feb 27, 2009 12:14 am Post subject:

Hi billy,

This might affect your mother's Medicaid eligibility and can even disqualify her for Medicaid services. It depends on the value of the property she inherits and whether it exceeds the resource limit. She can disclaim the inherited property but that too may attract transfer-of-assets penalty which can enforce an ineligibility period.

jmessyd · Joined: 11 Mar 2009 Posts: 3 1.91 Dollars($)

I need to know if there is indeed an attached medicaid 'transfer' penalty when you have the lady bird deed, or if this penalty can NOT be attached if you have the lady bird deed. Plz. someone answer this question. I have read conflicting statements on this site, on this subject. One says yes, one says no....? What is the truth regarding this subject? This involves a home, medicaid, and nursing home in the future. This is in Texas.

jmessyd · Joined: 11 Mar 2009 Posts: 3 1.91 Dollars($)

Is there a medicaid penalty for tranfering a home to a chid when the lady bird deed is used? Does it matter the deed is made before one files for medicaid or after? (in Texas)

Guest

Hi jmessyd,

Any transfer within a look-back period of filing for medicaid will attract a penalty and make one ineligible for medicaid for a certain period of time. The penalty will depend on the value of the property transferred by the grantor.

Guest

MY SISTER QUIKCLAIMED HER PROPERTY TO ME (IN TEXAS) BUT HAS A LIFE ESTATE. THIS WAS SOMETIME AGO SO ALL IS WELL THERE-NOW SHE IS IN A NURSING HOME AND WILL NEVER RETURN TO HER HOME, CAN THIS PROPERTY BE SOLD WITHOUT PROCEEDS GOING TO THE NURSING HOME.

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Will a enhanced life estate deed cause a Medicaid penalty?