Can daughter transfer home that was willed to her to her daughter?

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Can daughter transfer home that was willed to her to her daughter?

Daughter/son-in-law in nursing home (Medicaid). When her mother died, she willed her house to the daughter. The daughter never filed the Will (it’s been 7 years). Will not probated. Daughter wants to transfer title to her daughter. No house insurance. Back taxes owed. No mortgage.

Asked on August 7, 2012 under Real Estate Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I believe what you are trying to do is to avoid Medicaid putting a lien on the house, correct?  Unfortunatley one can not advise you on how to do that at this stage of the game.  The house being uninsured is an issue here for loss purposes.  But the transfer would be set aside at this stage of the game if the deed in any way passes through the daughter in the nursing home.  Seek legal help here.  Good luck.


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