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?
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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 8 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.
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