How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask lwpat Your Own Question

lwpat
lwpat, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 25384
Experience:  Practicing criminal defense attorney
Type Your Criminal Law Question Here...
lwpat is online now
A new question is answered every 9 seconds

Mom deeded her property (in North Carolina) over to me (her

Resolved Question:

Mom deeded her property (in North Carolina) over to me (her daughter which included a lifetime for herself (mom) in August of 2009. Around the last of September of 2009 she was declared partical incompetent by and was given a guardian. Does the property still belong to her or does it belong to me (her daughter)?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  lwpat replied 2 years ago.
Thank you for your question and for using JA. Please click accept so I will receive credit from JA for my time.

I am assuming that your mother is deceased and if that is the case I am sorry for your loss. When the party with a life estate passes, the property automatically goes to the party called the remainderman which in this case appears to be you. If that is the case, then you now have full ownership of the property in fee simple. You do need to record the death certificate with the clerk of court at the registrar of deeds. I am not sure what is happening with her estate. If she is deceased the person is not called a guardian but either the executor or personal representative and that would be in the probate court. If there is a probate action you should have been properly notified and if she had any other property it would be distributed through the probate court.
lwpat, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 25384
Experience: Practicing criminal defense attorney
lwpat and 4 other Criminal Law Specialists are ready to help you
Customer: replied 2 years ago.
Mom is still alive. We went to the courthourse in July 2011 and found that the tax office has her as deceased. I am questioning if the property can be taken from me when she deeded it before she was declared partial incompent?
Expert:  lwpat replied 2 years ago.
Unless there is some valid reason, the answer is no. However, the transfer may make her ineligible for Medicaid since there is a five year lookback period for gifts.

An accept for my time is always appreciated and required for me to receive any credit from JA
lwpat, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 25384
Experience: Practicing criminal defense attorney
lwpat and 4 other Criminal Law Specialists are ready to help you
Customer: replied 2 years ago.

I was told that there was a five year waiting period for medicaid for the action of the property being deeded over to me before the partial declaration. I had already been to medicaid to file the papers to see if any gifts had been transfer within three years. Nothing had been done of that nature. Does she still qualify for medicaid in this situation?

Expert:  lwpat replied 2 years ago.
I assume that the deed to you in 2009 was a gift. If that is the case, then she would be currently ineligible for Medicaid. The three year period no longer applies, it is now five.
lwpat, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 25384
Experience: Practicing criminal defense attorney
lwpat and 4 other Criminal Law Specialists are ready to help you
Customer: replied 2 years ago.

The transfer of deed was overturned by a judge so that mom can get medicaid. He stated that mom was incompetent in August 2009, before she went to court. Mom currently gets medicaid. Is this legal?

Expert:  lwpat replied 2 years ago.
It is legal since the judge said it was legal. A judge is the person that decides whether something is legal or not. It appears that someone else has been appointed by the court as her guardian. If that is not the case, then you can apply to be her guardian through the probate court system. Then you could buy a small portion of the house and make it joint with the right of survivorship. That is what should have been done to start with and then you would not have this problem. It appears that your attorney at the time gave you bad advice. However, even that might now be overturned by Medicaid estate recovery if they decide to come after the house but since it would pass outside of probate there is a chance they might not. In the meantime the house can be rented and the funds go to your mother for her needs outside of Medicaid.
Customer: replied 2 years ago.
If I had the house built and later deeded it to mom and dad. Then, dad deceased and mom deeded it back to me, is that a gift?
Expert:  lwpat replied 2 years ago.
That is a gift. When you deeded it to them you should have remained on the deed as a joint tenant with the right of survivorship, then there would be no problem. As I said, it appears that your attorney gave you some bad advice. Sorry.
Customer: replied 2 years ago.

I applied for guardianship twice, and twice the clerk appointed someone else. First he appointed my brother and sister, second, he appointed DSS, third, her appointed my sister in FL, (she was made to bring mom back and put her back into her home), and now, the clerk of court appointed DSS again.

 

Mom is still residing in her home and I hear that DSS is planning to put her in a home again. I am not allowed to see her unless I am supervised by someone from DSS. So, I am asking can DSS take over the house and place restrictions on me for this is my property?

Expert:  lwpat replied 2 years ago.
Unfortunately they can take over the house. The judge has ordered that it is not your property but that of your mother. If DSS has guardinaship, then they control the property and can evict you if you are living there. Sorry but that is the law and I do not make the law, only tell you what it says.
lwpat, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 25384
Experience: Practicing criminal defense attorney
lwpat and 4 other Criminal Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.