Will a enhanced life estate deed cause a Medicaid penalty?

My husband will have to go to a nursing facility soon. If we have a Enchanced or Lady bird deed, will this affect his receiving any medicaid assistance. How far back will medicaid check for property or money transfers?
Thanks,
Yvonne Woodard

Hi Yvonne

As far as I know, transferring property through ladybird deed will not effect the medicaid assistance that your husband will receive. To know more about the same topic, check out the following page:
http://www.mortgagefit.com/texas/ladybirddeed-medicaid.html

Thanks.

anwer to that question is.. if the lady bird deed has been done correctly.. once this person/s on it have pass on.. the property is now yours.. all you do is file the death certificate at the court house... and of course a will if there is one.. this helps to back things up in the case there is an
erro on the lady bird deed.. then go over to the property appraisers office with a copy of the deed and the death certificate transfer the property over to your name or the benificaries on it,.. then if medicaid perist on a cliam or a lien on the property.. that lien was towards the prior owner.. which of course wasn't you.. you can contest the lien by fileing a lien contest which they have to respond with in a certin time period.. then the other legal course of action would be to file whats called a Quiet Title Suit action.. if your atty is sharp enought he/she should be able to see that route.. since its the case that the title is now in your name.. no probate arguements.. which is better since in probate court tends to lean towards seeing medicade whom dosen't need a lawyer in probate courts
gets paid back,, in Quiet Title Suit action the will have to come forward with representation in court.. which since the prior person no longer owns this property.. things line towards your favior in a Quite Title action.

The effort is to insure that he has a roof over his head after we (the parents) are gone. I think I know the pros but not sure about the cons. In this situation is the lady bird the proper thing to due?

Hi Ken,

You can use a ladybird deed in order to transfer the property to your son. Ladybird deed will help you in having the life estate rights to the property and you would be able to sell it off, if you want, in your lifetime. In most of the cases, a ladybird deed will not affect the medicaid eligibility even.

Take care.

What legal terminology is included in a lady byrd deed

Hi Rose,

Your query has been answered in the given page:
http://www.mortgagefit.com/propertytransfer/about32954.html#143243

Please take a look at it. I hope it'll help you.

Thanks

My father is going to be going into a nursing home and he will be eligible for medicaid however my grandmother has a living trust that when she dies he would inherit one fifth of the trust. Is there a way for him to stay eligible for medicaid and just have my uncles and aunt inherit the trust? Or could they just leave it in the trust until he dies?

Hi kris,

Your grandmother can change the living trust so that your father does not inherit her property. However, before taking any further step, I would suggest you to contact an attorney and take his opinion. The attorney will let you know whether or not there would be any negative affects due to the change in your grandmother's living trust.

Thanks

I live in NY and would like to know if I filed a life estate deed and named my only child as the recipient . Could it be touched by Medicaid after the 5 year period had passed.?

If your child is owner of the property now and you have the life estate rights, then I don't think the Medicaid will be able come after the property. However, contact an attorney of your state who is an expert in Medicaid laws. He will help you in a batter manner.

Hi, My mother has Medicaid,Mom is very sick in hospital.But if mom goes into a nursing home will medicaid take her home. mom and my two sisters names appear on note, they are making paymets.
State where they live is Texas.

Hi carr,

As far as I know, Medicaid will have the rights to take away the property in order to recover the dues. However, it would be a better option to contact an attorney and take his opinion in this regard.

Thanks

after my moms past away my dad put me and my sister on his did as joint owners now his going to go into a nursing home and needs to apply for medicate i was told he should have a ladybird deed instead his house is in florida

Hi lois,

A ladybird deed is a good option of transferring the property solely to you and your sister. This deed will not affect the medicaid eligibility of your father and the property would be safe as long as you or any other close relative stays in the property.

Thanks