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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33803
Experience:  15 years real estate, Realtor. Landlord 26 years
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In Florida, if a quit claim deed is signed before, in

Customer Question

In Florida, if a quit claim deed is signed before
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: in Florida, if a quit claim deed is recorded after the death of the grantor, is it valid. My mother's friend is in a nursing home and wants to quit claim is home to her, but he also needs to be eligible for Medicaid for the nursing home. Thais is why it would be recorded after death.
JA: Has any paperwork been filed?
Customer: No paperwork has been filed or signed yet, wanted to check the legal first.
JA: Anything else you want the lawyer to know before I connect you?
Customer: The grantor is a low income individual who definitely needs Medicaid and his car and home value $75,000 are his only assets.
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Barrister replied 3 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my best to help with your situation or get you to someone who can.

Expert:  Barrister replied 3 months ago.

As long as the deed is properly executed, it is entirely valid even if not recorded. So it can be recorded after death.

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Thanks

Barrister

Customer: replied 3 months ago.
Will this approach affect Medicaid transfer rules in Florida and avoid probate?
Expert:  Barrister replied 3 months ago.

It won't prevent Medicaid from filing a lien unless the transfer was at least 5 years before the applicant begins receiving Medicaid benefits. Unfortunately if it was that easy everyone would do that to get assets out of their name to keep from having a Medicaid lien. So any transfers of assets have to be at least 5 years before the person applies for Medicaid.

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Thanks

Barrister

Customer: replied 3 months ago.
I thought Florida was different, they do not have Medicaid recovery on your home.
Expert:  Barrister replied 3 months ago.

If the Medicaid recipient states an intention to return to the home when they initially file for Medicaid (whether they realistically can or not) then the homestead is exempt. If they missed checking this option on their original application, then it may still be exempt as long as the house has less than $552K in equity in it.

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So Medicaid can lien a home in FL if the applicant doesn't fall under one of those exceptions..

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But if friend checked the option that she intended to return or she has less than $552K in equity, then it would be exempt from liens.

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thanks

Barrister

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