I quit claimed my house to my son’s mom. I still have a life estate in it..She didn’t want the house quit claimed to her and I didn’t know the lawyer did it that way until she got a tax bill in her name. She is on Medicaid and afraid they will stop her Medicaid and take the house..She wants to quit claim it back to me but will that cause more problems? I repeatedly told the lawyer at the time to leave it to her when I pass away and not give it to her now. The lawyer won’t help and said it’s the only way to have done it…A family friend has a life estate and the owners name is first on the deed with the words for life next to it, then under that is the name of the person receiving the house when she passes…How can I fix this without her losing her Medicaid!
She's on Medicaid now because she's low income. Her income will not increase because you give her a house (unless it's an income rental property). In fact, she may even get a tax break on the property because she's low income. Some places do this.
A person can own one home and a car and still be on Medicaid. Medicaid determination is based on a person's income.
You need an elder law attorney who is well versed in Medicaid law for your state.
Has the document been filed at the court house?