If my mother is about to go on Medicaid, what should we do about the deed to her house that has been put in my name?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my mother is about to go on Medicaid, what should we do about the deed to her house that has been put in my name?

One of the stipulations is that if she is accepted to the program. Medicaid can recover what ever amount was spent on her. Right now a deed was filed with a life estate. The deed is in my name, but in care of me, so she could continue to qualify for her existing exemptions. When she passes the house will be in my name. Will this work to satisfy Medicaid when she passes or will I have to transfer the house into my name.

Asked on January 14, 2016 under Real Estate Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

A life estate can be an effective way to help someone qualify for Medicaid.  Title will pass to you only upon her death.  However, not all life estates are the same.  You need to visit with a probate, real estate, or social security attorney to review your documents to make sure that the type of life estate you have will satisfy the Medicaid requirements.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption