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Do I need to get a Lady Bird Deed?

Do I need to get a Lady Bird Deed?

My parent's are in their 80's and several years ago set up a quit claim deed for their cottage (now their primary home). The wording goes as follows...

John A. Doe and Jane A. Doe husband and wife, and Sean E. Doe as joint tenants with full rights of survivorship the following described premises in the Township of_____, County of _____ and State of ________. for the full consideration of None. This instrument of transfer is exempt from taxation under the exemptions listed at_______________.

This quick claim deed has been in existance for over 5 years. I recently met with my broker and he was telling me that our State laws have changed and that our State can now capture an elderly person's primary estate to help pay with nursing home costs. My broker was uncertain if my parents quick claim deed will insure safety from liquidation to defer any possible future nursing home costs. My Broker also mentioned the Lady Bird Deed if the quick claim deed isn't adequate. Because my spouse and I thought my parent's residence would be ours someday, we hired a contractor and did extensive work renovating the property aat a substantial cost. We now are questioning whether we will inherit this property in the event one of my parents needs to go into a nursing home. questions are...
1. Is the current quick claim deed enough to protect the property from being sold to pay for nursing home costs?

2. If not....what do I need to do to protect it?

3. The way the deed is written, am I considered 1/3 of an owner. Can the State capture a split of the property?

Anonymous's picture


3 Answers

As far as I know, the quitclaim deed may not protect your parent's property from liquidation. It will be better if they could sign a ladybird deed and transfer the property to you. However, there are chances that after the transfer of the property, they may not be eligible for Medicaid benefits for the next 5 years. Nevertheless, it will be better if you could contact an attorney and take his opinion in this matter.

jameshogg | Asked on 2011-10-04

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Anonymous | Asked on 2013-09-04

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Anonymous | Asked on 2013-09-04

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