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My Mother is sick and in a nursing home as of today,from the hospital.The insurance will pay for 90 days and after that Medicade.She has a small income.My Dad Owns the home and had done a Quick Claim Deed a few years back when he had a Heart Attack to me,it was notarized but never filed with the County,We live in Michigan.The question is being the Nursing Home My Mom is in takes Medicade will that cover her stay if she in longer than the Insurance pays,or will Medicade want us to pay for her stay.I don't want my Dad to go broke or have to sell his home to cover these costs.I was told even though the Quick Claim Deed was never filed at the County,but was Notarized ,they can't touch his home.What should we do to cover ourself if something were to happen to my Dad.I know sometimes they take a percent of income to pay for their stay.That alone would put my Dad in a hard spot.Does a Quick Claim Deed relieve the responsibibity on them but put it on me.

Submitted: 40 days and 8 hours ago.

Category: Finance

Value: $18

Status: CLOSED

Already Tried:
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Posted by James Heal 40 days and 8 hours ago.

Answer

Thanks for writing in.

You absolutely need to consult an estate attorney.

You should be ok in reference to the house being quit claimed to you because there's a two year look-back period. Meaning, after two years they won't come back after the house because it's exempt.

And usually medicade will cover your mother after the insurance runs out, but again, I would reccomend speaking to an attorney and get all the in's and out's of your mother's particular situation covered.

It's good to have a professional to navigate the ins and outs of your mother's and even your father's particular situation.

I wouldn't write anything until you consult your attorney.

Michigan has one of the best estate and asset protection attorneys.

Here's a link:

http://www.mumalawoffice.com/

He may or may not be accepting new clients, but you will get a referral to someone who does.

Regards.

40 days and 6 hours ago.

Reply

I didn't really get the answer I was looking for,at least not all of it,Does a Quick Claim Deed have to be filed at the County,or is it good just being Notorized and us keeping it.And the Look-back Period,,Does that mean if it was done before 2 years ago it's good,or if it's over 2 years old it's no good.And that was the house and land.Maybe I didn't give enough info...

Thanks Brian

Accepted Answer

I'm sorry.

Just to clarify, a quit claim deed needs to be filed at the county courthouse. You should take the quit claim to the courthouse ASAP and talk to the clerk. They may be able to file it from the date it was notorized. But either way, it needs to be filed.

Now, if you didn't get it filed, the nursing home or medicaid may be able to contest this. It doesn't mean they will win. But if contested, and not saying it will be, then you need to fight on the grounds that it was notorized which actually transferred ownership at that point and time. You have proof the ownership was transferred which should be OK.

The two year lookback period is good is assets transferred over two years ago and bad if transferred less than 2 years ago.

Regards.

Accepts:
Expert:	James Heal
Pos. Feedback:	100.0 %
Answered:	10/14/2009

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15 years expertise in all ares of personal finance, including credit cards, mortgages, real estate.

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