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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 22417
Experience:  14 yrs estate law, real estate. Wills/Trusts/Probate
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I have a question for an elder care attorney. I live in Southern

Resolved Question:

I have a question for an elder care attorney. I live in Southern CA and in January, 2000 my Mother completed a Gift Deed-Parent to Children document of a property to my brother and I. There was also a document entitled Agreement Re: Personal Lifetime Right of Occupancy that was signed as well.

This document was prepared by an Elder Care Attorney, whom since has stopped practicing, therefore I am not able to ask him this question. He prepared this document along with a Durable Power of Attorney form and helped us with Medi-Cal forms and filing for my Mom due to a severe stroke that she had in November, 1999. My Mom qualified for Medi-Cal and has ever year since.

My question is, does Medi-Cal have any rights to this property when my Mom passes? She is now 92 years old and in poor health.

Thank you, Cheryl
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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Is mother in a nursing home or assisted care facility with Medi-Cal paying the bill?
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Whose name is XXXXX XXXXX to the house in?
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Thanks
Barrister
Customer: replied 1 year ago.

Yes, my Mother is in a Skilled Nursing Home with Medi-Cal and Medi-Care benefits.


 


The Grant Deed that dates back to 1978 is in my Mom's name.


 


Then the Gift Deed was signed in January, 2000.

Expert:  Barrister replied 1 year ago.
Ok, so right now, who is listed as the property owner?
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You and brother or is it still in mother's name?
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Has Medi-Cal notified you that they are filing a lien on the house?
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Thanks
Barrister
Customer: replied 1 year ago.

Its listed in my brother and my name.


 


No Medi-Cal has not mentioned anything about the property. I just didn't know if they had any rights to it as my Mom has been ill for so long. I didn't know if this was something that they could go back to and claim after she passed away?

Expert:  Barrister replied 1 year ago.
Ok, since the property is currently in you and brother's name, and presumably has been since 2000, they couldn't lien the property since mother does not legally own it. The only thing she has is a "life estate" which is the right to live there until her death. Once she passes, that interest expires and extinguishes. Since she hasn't owned the property in over 5 years, that would put it beyond the 60 month "lookback period" for Medi-Cal liening the property.
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So no, they can't take any action against the house.
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Barrister, Attorney
Category: Estate Law
Satisfied Customers: 22417
Experience: 14 yrs estate law, real estate. Wills/Trusts/Probate
Barrister and 3 other Estate Law Specialists are ready to help you

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