before my mother entered a nursing home she signed a deed transferring title to her personal residence to me?

Question

before my mother entered a nursing home she signed a deed transferring title to her personal residence to me her only child, i have never filed the deed with the county clerk's office and continues to pay the property taxes in my mother's name. my family and i are the only occupants of the property, what are the consequences to my action?

Answer 1

rules vary by states, but if the deed was transferred within a recent period ar still subject to scrutiny before Medicaid comes into play.

Congress has established a period of ineligibility for Medicaid for those who transfer assets. This period of ineligibility is determined by dividing the amount transferred by what Medicaid determines to be the average private pay cost of a nursing home in your state. However, state Medicaid officials will look only at transfers made within the 36 months for transfers made prior to February 8th, 2006, and 60 months for transfers made on or after this date. Thus, if you can plan ahead and make transfers well in advance of needing Medicaid (up to five years, depending on when you are transferred the money), the transfers will not affect your Medicaid eligibility."

the site:
http://www.mortonelderlaw.com/medicaid-planning/medicaid-planning.html

Answer 2

Either way the property can be taken if your mother is dependent upon Medicaid for the nursing home costs., assuming that she transferred it to you less than 5 years prior to her needing public support. Failing to file the deed doesn't impact that. The state can and probably will attach the property to help pay for her care.

If the transfer took place more than 5 years prior to the need for public funds, failing to record the deed could be a serious error on your part. The state might successfully argue that no actual transfer was intended as evidenced by your not recording the deed and that it was still your mother's property and therefore subject to attachment for the costs of her care.

Short answer is this: You need to discuss this with an attorney.

Answer 3

My grandfather entered a nursing home in Maryland 2 years ago and recently passed away. He also signed a deed for his property turning everything over to my uncle. However, the nursing home still has rights to take the house and sell it to pay for the expenses my grandfather incurred while he stayed there. The paperwork had to be filed a couple of years before he entered the home and it wasn't, so if the nursing home decides to pursue the matter, they can take the house from my uncle and do with it what they want.

I would say to check with someone who knows more about the legality of the matter and see what you need to do to avoid losing the property.

Good luck.

Answer 4

I feel bad that these people read so much into your question, goodness! You are just trying to do whats best for her financially!! And yes, all of her assets should be transferred to you and your siblings as soon as possible. The nursing home can look back 3 years to find out if any assets were indeed transferred, and then they can attempt to revoke them to pay for her care. I would also strongly recommend that you set up a burial account or name a funeral home as the beneficiary of her life insurance policy (if any) because the state cannot take the monies set aside for burial purposes. It is perfectly acceptable and smart on your part to plan ahead and make sure she doesn't lose everything she worked for all her life to a government funded agency. This tends to be a lengthy process turning things over, so I would suggest you get started immediately. Hope this helps and take care!

Answer 5

I would file the deed, it helps to substantiate what has taken place. Hopefully, the signature line has a date on it which can help to establish when this was intended.

Being in a nursing home does not necessarily mean that she can not think with clarity. If she still has all of her faculties, then you should have no issues, but record the documents right away. If her mind is not fully capable, then the intent could be questioned. When she did sign it - was she fully capable? Were there witnesses to the transaction, especially a notary? These help.

Answer 6

I'm a Realtor in PA and my thought is that you have no rights to the property until there is an actual transfer of title. Are you her power of attorney? Is the property completely paid off? I would contact the title company that originally issued her title policy to see how this should be handled. Good luck.

Answer 7

The nursing home may take your property since legally it still belongs to your mother. They can still take it for 3 years after it has been transferred to you if they want to. Something in the Medicaid laws says to be eligible for Medicaid, which I guess she is using to pay her bill at the nursing home, the nursing home can confiscate any property that was in her name for up to 3 years prior to being admitted to the nursing home. Thats in Ky. anyway, your state may be different.

Answer 8

first off, when did your mom go into the nursing home?...if its been awhile you might have to pay back taxes that u OWE minus what u have paid under her name so far...and if she has not been in the nursing home that long, quickly take the deed to the county clerks office, and let them know that your mom is no longer the owner of that house! its better to be safe than sorry!

Answer 9

If you are not the owner of record (and it seems you are not), then you cannot deduct the real estate taxes.

Was the deed properly witnessed and notarized? This is more a legal issue than a tax issue. Ask the Recorder of Deeds in your locality.