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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 42834
Experience:  Texas Attorney for 30 years dealing in real estate
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My mother, brother, two sisters and myself entered into a

Customer Question

My mother, brother, two sisters and myself entered into a joint tenancy deed July 2009. My mother fell and was placed in a Nursing Home in April, 2014 and received Medicaid until she passed away 2/5/16. We children would like to dissolve the JT deed and have a new will created dividing the property into 4ths. Can Medicaid come in and take any monies from the sale of any properties that were owned by my father and mother (father never received medicaid)?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Kinston, North Carolina
JA: Has any paperwork been filed?
Customer: My parents both had Last Will and Testaments. My father suffered from dementia and that is why in July,2009 the five of us entered into the joint tenancy deed and yes, it is on file.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not that I am aware of.
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Ray replied 9 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Expert:  Ray replied 9 months ago.

No the property passes by deed not by will.Anyone that deceased here their interest passed to the survivor.The remaining survivors are free to do with it what they want.Medicaid has no claim here because it did not pass through probate but rather by contract.The will have no bearing here they title passes by deed tot he survivors and they can do with it what they want here under NC law.

I appreciate the chance to help you tonight.Thanks again.

If you can psoitive rate 5 stars it is much appreciated.

Expert:  Ray replied 9 months ago.

No the property passes by deed not by will.Anyone that deceased here their interest passed to the survivor.The remaining survivors are free to do with it what they want.Medicaid has no claim here because it did not pass through probate but rather by contract.The will have no bearing here they title passes by deed tot he survivors and they can do with it what they want here under NC law.

I appreciate the chance to help you tonight.Thanks again.

If you can positive rate 5 stars it is much appreciated.