Posted on: 21st May, 2008 08:29 am
my mother passed way recently in a nursing home & on medicaid. she had been in the facility for 5 1/2 years. in her will, it stated that the house be sold and divided between the siblings. however, about 3 years ago,while still in the nursing home, she signed signed a quit claim deed to one of the siblings. could medicaid still file a claim on the property?
Hi Allison.
Welcome to the forum.
I think Medicaid can still claim the property. The quitclaim may be considered as fraudulent as she was taking services of Medicaid when she quitclaimed the property. So the quitclaim can be reversed under the Uniform Fraudulent Transfer Act (UFTA).
Feel free if you have any further questions.
Best of luck,
Larry
Welcome to the forum.
I think Medicaid can still claim the property. The quitclaim may be considered as fraudulent as she was taking services of Medicaid when she quitclaimed the property. So the quitclaim can be reversed under the Uniform Fraudulent Transfer Act (UFTA).
Feel free if you have any further questions.
Best of luck,
Larry
Hi Allison.
Agree with Larry that the quitclaim can be reverse if you do not pay to the Medicaid.
Agree with Larry that the quitclaim can be reverse if you do not pay to the Medicaid.