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Quit Claim

Posted on: 03rd Feb, 2008 08:34 pm
My Mom had a colonoscopy where the dr poked a whole in her colon, May 2nd. It took her 9 months to recover and on Dec. 12 they did a second surgery to remove the ostomy bag. Her recovery is not going so well this time. Although she is getting stronger. I'm afraid that this will snow ball and her health will start getting worse. She's 86 and owns her home out right. My eldest brother is on the title with her. We were wondering if we should quit claim the house to my brother or myself since I am her primary care giver. We're afraid being in California, if the house is in her name they will take her house to pay for medical expenses. Can you help us?
Hi Maggies,

Welcome to the forums.

I can feel what you're going through now that your mother is having serious health problems.

Have your mother applied for Medicaid? In California, a simple transfer of property will not lead to any disqualification of the Medicaid. Rather a sale of the property may result in loss of benefits.

Though the state of California tries to recover the costs incurred from the estate itself, yet it has the option to recover the costs through recovery of estate which are outside probate. This includes assets which are jointly held or those in living trust, life estates, etc.

If you are concerned as to what will happen to the property after her death, you may have her sign a transfer-on-death deed, so that the property gets conveyed to you and/or your brother after her death. But is she fit enough to sign on the deed?

I hope your mother gets better with time.
Posted on: 03rd Feb, 2008 09:45 pm
Years ago my Mom but my brother on the title of the house along with hers. He was the one living here at the time. She has medicare and and also a secondary ins. We were thinking of applying for medicaid to cover anything that might come up later that the other two Insurances wouldn't, but becasue of the house we were afraid she would lose her house. Her mental state is confused at times but I think that has more to do with the loss of control. Once she regains her strength I think her sharp wit will return also. I was just looking into this for the future, which comes all to soon sometimes. And I want her to and her precious family home to be protected.

Thank you so much for your time
Maggie
Posted on: 04th Feb, 2008 07:40 am
Hi Maggie,

Welcome back to forums.

You seem to have arranged for insurance policies for your mom and that's a good financial decision. However, if you are applying for medicaid, there are certain eligibility criteria you shiould look for. Please check them out at http://www.calmedicare.org/lowincome/medical.html .

Medicaid can only be obtained provided the person receiving benefits does not have income and assets beyond a certain level.

Regarding the house, well, why don't you transfer it in your brother's name completely before applying for the medicaid. I hope the house is paid for and free from any lien. Transferring it before medicaid application would eliminate chances of the benefits being canceled.

What I would like to ask you is, do you have supplemental security income?

Hope this helps...

God bless you.

Samantha
Posted on: 04th Feb, 2008 09:31 pm
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