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Quick Deed before death

Posted on: 03rd Sep, 2007 01:17 am
Hi,

My parents own a house in California and they have about two more years of payments. They are very old, my dad is 74 and my mom is 65. Thier health is not too well either. Thier will has my brother and myself on it incase they die. Since they are in bad health , I've heard if they go into a nursing home the state will take the property. My brother and I were thinking that maybe our parents should quick deed the house to us before any of this happens and we lose this property. Is this possible and would the state still be able to collect off of us, the (grantee)?
Hi Ruben,

Welcome to the forum.

After going to the nursing home, only if your parents are unable to repay the bills, the state can place a lien on the house and may eventually take it away.

But if your parents holds a Medicaid benefit, they won't have to think about the payments as the Medicaid will repay the costs of medical care of your parents.

Now, if your parents quitclaim the house to you and your brother, they will lose their rights to the house. Then, even if the medicaid is unable to recover the payments, the state will not be able to place a lien against the house because of the title transfer. In that case, a lien can be placed on any other properties of your parents to recover the medical bills.
Posted on: 03rd Sep, 2007 02:22 am
Hi Ruben,

Even if your parents go to the nursing home, the state will not be able to place any lien against their house under certain conditions:

1) There is a living spouse.
2) There is a child under 21 years of age, or is blind and disabled.
3) There is an adult child who had lived in the house for 2 years before his/her parent's admission to the nursing home.
Posted on: 03rd Sep, 2007 02:42 am
Hello Ruben,

After the death of your parents, the state may place a lien on the home. They may also force you and your brother (the grantees) to sell the home to repay the bills of the nursing home care.

But if you apply for a hardship waiver stating that you are in a state of hardship to repay the bills, you would be exempted from paying off the nursing home costs.
Posted on: 03rd Sep, 2007 03:52 am
==> my parents own a house in california and they have about two more years of payments.

you will also have to figure out if it would be necessary to refinance the mortgage if they quit claim the house to you. but with just 2 years left, the lender might let you carry on with the payments. you should contact the lender to know about it.

miller
Posted on: 03rd Sep, 2007 03:08 pm
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