My mom quit claimed a rental property to me. Can Medicaid take the home from me if it has been less or more than 5 years? Or when she dies? What are the rules for rental property that was quit claimed?
I’d have an attorney review the deed. Quit claim deeds are normally used in a way that you don’t describe. It’s often used in a divorce when one party has title in their name only. I’d get a legal opinion on what interest you actually have, so you can determine the status of the property.
1. Quit claiming means releasing and transferring an interest in real property to someone else; it doesn't confirm and/or warrant that title is valid. Whether or not Medicaid would consider that a valid transfer of title is beyond my very limited knowledge of Medicaid, as I have little experience with it.
2. Was title vested only in your mother's name before she quit claimed it to you?
3. Are you now paying the costs of the property? Property taxes, insurance, upkeep, etc.? Are the rents being collected and integrated into your financial situation? Or are any of the rentals applied towards your mother's care? What was the reason for the quit claim action?
4. Does your mother have end of life documents prepared- will and/or a trust? If so, do they address the property after her death? I.e., is it designated to be shared with any siblings or others?
Medicaid doesn't technically "take homes". Medicaid will ask for reimbursement from the estate of a Medicaid applicant who passes away. Any assets that the person has when they die will be examined to see if they can be sold to satisfy the debt.
When your mom applies for Medicaid there will be a thorough examination of her finances going back five years. If any assets were given away in the five years before the application, Medicaid will assess a penalty period before they will contribute to the costs of care. They won't take the rental property. But they will want the family to come up with the money that could have been used to pay for her care before Medicaid started.
A primary home will usually not be considered to be an asset that needs to be spent before Medicaid can be approved. However ,after the person dies, Medicaid will ask that the estate reimburse them for the money they have spent on care and sometimes that will force the sale of the primary house. Again, they won't take a house. They only want the money.
I don't know how they handle rental properties. I hope someone else will answer that for you. My guess would be that a rental property is an asset they would want you to spend before they would pay for care.
Medicaid rules differ from state to state so be careful of the opinions you get on this forum. You would be best answered by someone who knows your state's laws.
For certain the income of the rental property would have been considered the Mom's assets before the quit claim. We recently had a question about quit claims on forum and there were some informed answered in that they really often don't work well at all; it comes down to whose name is on the property deeds I think. I would certainly get a lawyer's advice in their state on this one. It isn't one they can afford to go wrong on, though I guess if quit claim was done they may already have. Great answer above, Marcia.
1. Quit claiming means releasing and transferring an interest in real property to someone else; it doesn't confirm and/or warrant that title is valid. Whether or not Medicaid would consider that a valid transfer of title is beyond my very limited knowledge of Medicaid, as I have little experience with it.
2. Was title vested only in your mother's name before she quit claimed it to you?
3. Are you now paying the costs of the property? Property taxes, insurance, upkeep, etc.? Are the rents being collected and integrated into your financial situation? Or are any of the rentals applied towards your mother's care? What was the reason for the quit claim action?
4. Does your mother have end of life documents prepared- will and/or a trust? If so, do they address the property after her death? I.e., is it designated to be shared with any siblings or others?
When your mom applies for Medicaid there will be a thorough examination of her finances going back five years. If any assets were given away in the five years before the application, Medicaid will assess a penalty period before they will contribute to the costs of care. They won't take the rental property. But they will want the family to come up with the money that could have been used to pay for her care before Medicaid started.
A primary home will usually not be considered to be an asset that needs to be spent before Medicaid can be approved. However ,after the person dies, Medicaid will ask that the estate reimburse them for the money they have spent on care and sometimes that will force the sale of the primary house. Again, they won't take a house. They only want the money.
I don't know how they handle rental properties. I hope someone else will answer that for you. My guess would be that a rental property is an asset they would want you to spend before they would pay for care.
Medicaid rules differ from state to state so be careful of the opinions you get on this forum. You would be best answered by someone who knows your state's laws.
I would certainly get a lawyer's advice in their state on this one. It isn't one they can afford to go wrong on, though I guess if quit claim was done they may already have. Great answer above, Marcia.