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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!

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See another attorney, though it will be difficult now to undo what has been done. This is an attorney question. It's unimaginable to me that an attorney did this telling you it's the only way. I can't see how this happened. If it can be unraveled it can only be done so legally. As to her losing Medicaid because she has a home (ONE home) do know that you are allowed to have a home and a car and still receive Medicaid. She may wish to see an attorney herself with her OWN questions at this time.
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Reply to AlvaDeer
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In a life estate, I think you are responsible for the taxes while living there. You should not even leave her the house if she is getting any kind of assistance. How old is your son? Leave it to him.
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Reply to JoAnn29
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Is this community Medicaid or Long Term Care Medicaid in a nursing home that your son’s mom has? It makes a difference.

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?
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Reply to 97yroldmom
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Your son's mom? Aren't you your son's mother? If this person is on Medicaid it will not be affected if she's left the house as long as she doesn't need to go into a nursing home or some other kind of LTC facility.

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.
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Reply to BurntCaregiver
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