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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 118637
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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The ward is in a nursing home under medicaid. Her house taxes

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The ward is in a nursing home under medicaid. Her house taxes and insurance are not being paid. there is little money in her checking account. The ward has quit claim deeds jointly for her sons to claim house property upon her passing. Does the conservator have the legal authority to sell the property? And secondly, be reimbursed for improvements to the home with the sale of the home? Can the expenses be paid prior to sending balance of the sale money going to the nursing home and medicaid Thank you, Gene

Thank you for your question, I look forward to working wit you to provide you the information you are seeking.

If the ward quit claimed the property to the sons the ward no longer owns the property, the sons now own it and they are liable for taxes. You cannot sell the property he does not own any longer because of the quit claim. To sell the house it would take you and your brother to sell it and it would be a sale on your own behalf and your brothers behalf, not your dad. When you sell it you can reimburse yourself one half of anything you paid on the house to maintain if because your brother owed his share to maintain the house as he was joint owner.

Medicaid and the nursing home is not entitled to anything from the house because your dad does not own it you and your brother own it and as such it is not subject to attachment for those medical liens for your dad all because of the quit claim years ago.

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Customer: replied 4 years ago.

My dad has passed away 20 years ago. The quit claim deed specifically states ownership upon passing of my mother (the ward). If she is in nursing home with advanced dimentia and under medicaid does the sale money go to medicaid totally? Why can we not get reimbursed for 100% of actual repair and medical expenses?

Thank you for clarifying the nature of you deed.

If that is the case then home can be sold. No it does not go to Medicaid still because he house passes to you and your brother immediately upon her taking her last breath and unless Medicaid put a lien on it prior to her death, you would not owe Medicaid either. It would be your house and your brothers house subject to any liens placed on it prior to your moms death.

However as she still owns it the guardian can sell it if they choose to do so and then the proceeds could go to Medicaid minus your medical and home expenses for her.
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