Ladybird deed Texas – How to protect home from Medicaid

Hi jdiazsoto.

Welcome to the forum.

You can use a Ladybird deed as it is approved in Texas. But I would suggest you to talk with an Estate Planning Attorney in you state.

Best of luck,
Larry

Will this deed prevent a lien being placed on the property if she takes the Medicaid coverage and remains in a nursing facility? Is drawing up the deed legal to do while she is taking the Medicaid coverage. There is balance owed on the property.

Hi j

I think you are the original poster. Isn't it? So are you posting as a guest? As far as I know Ladybird deed protects the property from lien. Even in Florida the ladybird deed protects from medical lien. But I don't know whether it protects you from the medical lien or not? So I would suggest you to contact with an attorney before you go for the ladybird deed.

Best of luck,
Larry

Why not use quitclaim deed and life life estate?

Hello smaildaytoday.

You are right. jdiazsoto can use a lift estate deed but if he uses a quitclaim deed then he cannot get the Medicaid facilities. So better use a Enhance Life Estate deed or ladybird deed

if a spouse is in the nursing home, on medicade. To Lady Bird Deed to spouse not in the nursing home is ok? Can the spouse not in the nursing home who has power of attny. sell the house due to financial stress? to move to a small house or apartment? Thank you

Hi bj!

A "Lady Bird" deed is actually an enhanced life state deed. If you want to offer your spouse an enhanced life estate, you can sign such a deed. The spouse who has the power of attorney can sell the house.

Thanks,

Jerry

My mom was placed in a nursing home yesterday. She has a small home worth about 35,000.00 and she is the sole owner. We are applying for Medicaid Long Term Care. Will they take away the home. She wanted my brother to have the home and we just did not get it put into his name. What can we do to prevent Medicaid from taking the home?

Hi

I suppose a transfer of title from your mother to your bother won't be possible, because there is a look back period of about 5 years that comes with Medicaid. This means that any transfer of property to avoid estate recovery within the past 5 years of applying for Medicaid would not be considered as valid and Medicaid would be able to put lien on the property.

i put my father in a nusing home. my problem is we share the land. but i have my own home next door. can i lose my home

Hi

If the land is in your father's name, the nursing home can put a lien on the land. But if the home next door is not in your father's name, I think you can retain the home. They can put lien only on the portion of the property owned by your father.

My mother, 81, would like to deed her home to her children. The home is paid off. What is the length of time for medicaid if she needs to go into a nursing home.

Hi Mel,

The look back period for transfer of properties, as applicable in Medicaid, is for 5 years. If your mother transfers the property to her children within past 5 years of applying for Medicaid, the transfer could be considered invalid.

Thanks,

Jerry

Which is better for heirs, the lady byrd deed or living trust?

Hi Mel,

Both lady bird deeds and living trusts help you avoid probate. A lady bird deed allows you to transfer property while retaining a life estate. This gives you the right to live in the property till your death. It also allows you to sell the property without having to consult with your heirs.

A living trust gives you the right to hold the property title till your death. A living trust is generally a revocable trust which means you can change the trust, if you want. A living trust passes the property to your heirs without probate. So, basically there is no such great difference between the two. However, you need to discuss this with an estate planning lawyer to know which one of them would be more suitable in your situation.