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A piece of property is quit claim deeded 14 years ago and recorded but a clause was put into the [url=http://www.mortgagefit.com/quitclaim-deed.html]quit claim deed[/url] "retaining a life estate". The property cannot be sold as long as this person "retaining a life estate" is alive. However, is this property subject to medicaid review if the person who quit claimed it is in a nursing facility and is applying for medicaid? The person who accepted this quit claim deed had it recorded 14 years ago is now paying taxes and upkeep on it. Will the governement expect the sale of this property to pay for medicaid loss? Why should the person maintaining this property invest time and money into the property if there is a chance this should happen? This property is not a primary residence. It is a summer home. Note: The quit claim deed was drawn up by an attorney and recorded 14 years ago. This is a father and son relationship.

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

As per the Omnibus Budget Reconciliation Act of 1993 medicaid cost can be recovered from the estates of people who are 55 or older at the time when receive medicaid.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Sue,

There is one provision because of which a lien will not be put against the house and the house will not be sold for the payment of the Medicaid.

As per this provision if your father as a Medicaid beneficiary can prove you being an adult child have lived in the house for two years before your father was admitted to the nursing home and had provided care to your father for these two years because of which his admission to the nursing home was delayed and helped him stay out of the nursing home for these two years.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi,

The lien for the sale of the property can not be enforced on some other grounds which I would like to state.

a. There is a living spouse or
b. In case the child is under the age of 21 or
c. The child is blind or disabled.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

[quote:b20fe32dce]However, is this property subject to medicaid review if the person who quit claimed it is in a nursing facility and is applying for medicaid?[/quote:b20fe32dce]
As per OBRA as father has retained a life estate, the medicaid estate recovery is applicable by the state in such a case.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

[quote:7cf4a8537c]Will the governement expect the sale of this property to pay for medicaid loss?[/quote:7cf4a8537c]
I think you can talk to lenders for getting a mortgage loan, which can be used to pay off the medicaid costs and that way you will not have to sell the property.

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sara's picture
sara | Joined: July 5, 2006 03:16 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Guest,

The states generally look back to examine transfer of assets for 3 years prior to the date when a person applies for Medicaid. For trusts, the look back period is about 5 years. However, if the assets have been transferred for less than fair market value, the states must withhold the payment for nursing facility care or other care services for a certain period known as the penalty period. So, the property can be subjected to medical review.

Thanks,

Sara.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My mother lives in Florida and had a Living Trust drawn up where she put all her assets into the Living Trust naming me as a Trustee. One of the documents is a quit claim deed to her residence. Does this quit claim deed which is part of the Living Trust considered to be now included in the five year waiting period as far as Medicaid costs or does a trust not count and we should have just put it into a quit claim deed naming me as the owner (not a Trustee of the living trust).

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Debbie L!

Welcome to Forums!

Generally the look back period for the trusts is 5 year period. If it is found that the assets have been transferred for less than fair market value, the states can withhold the payment for medical facilities for a certain period known as the penalty period. Thus, the property will be subjected to medical review.

Feel free to ask if you have further queries.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Who pays back the Medicaid lean on a nursing home patient's home that is inherited by her son, and he then sells the home to a relative? Does the son who inherited the home and then sells it, or the person purchasing the home, then finds out the Medicaid has a lean on it. Shouldn't the attorney doing the deed check this out before hand?

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome willarae,

The attorney should have done a title search in order to find out whether or not there was a Medicaid lien on the property. The new owner of the property should negotiate with the son and ask him to pay off the lien in order to make the property lien free.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My 81 year old uncle has lived with me for two years and just recently he transferred his property in Fla. to me (5 acres w/mh). He recently was hospitalized and the bills are coming. He is eligable for medicaid but should I not obtain a supplemental insurance so the property doesn't become an issue?

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome Bo,

There is no harm in taking out a supplemental insurance. You can contact your insurance agent and check out what type of supplemental insurance will best suit your purpose.

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