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and will a quit claim deed filed after death protect the home from MERP.Grandma owned a home worth 100,000.00. Went into a nursing home and medicaid paid for it. She made a quit claim deed several years prior but it was never filed. Now that she has passed, my mother in law filed and recorded the deed 7 days after gma's death. What can we expect to happen.

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Well hopefully you were not the DPOA for grannie or did any of grannies Medicaid application or renewals.
If you in any way could be legally tied into all this, I have a suggestion for you…. if you have MIL email address, I'd send her a short email about your concerns and that you advised her to have discussed this with a probate atty or elder law atty regarding estate recovery. BCC it to you and perhaps to your spouse or another friend so you have something showing you tried. Just as a CYA in case this all gets super sticky later on. Good luck lil' helper, you can't speak to the tone deaf……..
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MIL has already filed/recorded the QCD so the snowball is already rolling. I tried to convince her to speak to an lawyer but she refused and said this real estate agent was an expert at these things.
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If house was still in grannies name and included / listed in her Medicaid application, then once she died, it became an asset of her estate and subject to an attempt by MERP. MERP has exemptions & exclusions. Distribution of assets have to be done so that its valid & legal for your state. Probate provides a framework for this. You need an atty to ensure what is done is above board & legal.

Regarding MERP, I have no idea how MI medicaid LTC application reads but the 4 states applications I've looked at, all have a highlighted inset box with information on MERP (estate recovery) that has a signature line for applicant or DPOA to sign AND a notice that refusal to sign does not exempt one from MERP. Same block was in my moms annual recertification as well. Both state penalties for ignoring MERP.

A properly drafted & notarized QCD can be recorded. But an issue with QCDs is that QCDs do NOT guarantee ownership. QCD transfer what the owner thinks is their property at the time of recording. If there are claims or liens on the property, they will still be there to cloud the title. It's a Warranty Deed that guarantees ownership, not a QCD. And title search & title insurance is standard with a Warranty Deed. Most lenders nowadays will not do a mortgage on a QCD as no guarantee of clear title; they will want WD with title insurance. This isnt an 8k property sold for cash, 100k is gonna need a mortgage imo. Eventually merp clouds will surface.

There is a really good article a few years back from the title companies perspective on what Medicaid's MERP means. Google "Stargazer Texas MERP".

Whomever was the DPOA or named to be executor as per grannies valid will needs to speak with an atty to see what MI law is. As MIL already has gone and filed a QCD, I'd suggest speaking with a probate atty who does litigation. It's speciality area practice.
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the quit claim deed was signed many years ago and recorded after death. I am assuming the house was listed as an asset on the original medicaid application.
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MilHelper - could the "deed" actually be a Lady Bird Deed (enhanced benefit deed) that was done by grannie years ago rather than a Quit Claim? Michigan is one of the few states that allows for LBD to be done. They are recorded AFTER death at the courthouse and they basically allow a property to be transferred outside of probate. So it's not an asset of the estate and outside of MERP.

If not and it is really a QCD, the state will have to attempt a recovery. QCD's are somewhat sticky in my experience in that in order to be valid, they need to be recorded when they were signed with the property then moved to the new name otherwise the property still remains grannies. But someone else asked about this in a ? last year and apparently some states do NOT require recording but just a properly executed Quit Claim (done by atty, notarized, etc.)

Whatever the process is will be dependent on MI laws for property, Medicaid and perhaps probate and MI administrative code as to what exemptions and exclusions are allowed. To me, whomever is named to be the executor of grannies will is the person to take the lead in all this. Cause if all this goes awry with the transfer/recording, family probably is going to need to open probate to get a framework for dealing with all this.

If your state is using an outside contractor for MERP, they are pretty efficient. NOI (Notice of Intent) should go out within 2 -4 mos of date of death. Really the MI Medicaid website should have info on all this.
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See, if you could just go on Medicaid, have the state or federal government pay your bills, and give your assets to family/friends rather than cover your bills, everyone would do it and no one would ever pay for care. The states are very aware of property transfers, and the recorded deed is now on record that a property transfer of property that *may* have a lien on it has been made.
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He may be an expert in real estate, but he is not necessarily an expert in Medicaid. It can take 6-9 months for you to get a letter from the state or its contractors for collection on Medicaid liens to go after property. If a quit claim deed was executed after grandmother went on Medicaid and signed paperwork stating that property would have a lien on it, that is an attempt to defraud the state from its ability to collect on debts from a decedent's estate by transferring assets rather than using them to pay for the bills of nursing home, etc. It could prove a costly mistake for your mother-in-law. Legal advice is her best route, or the title registered with the state will not be properly clear and she might never be able to sell or transfer it later...
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she will not contact a lawyer. her niece used to work for a real estate agent and mother in law considers him an expert
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No the quit claim deed filed after death will not protect you from MERP. Contact a lawyer to help figure out options.
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