Can I sell the farm or will Medicaid take the money? -

Can I sell the farm or will Medicaid take the money?


my mom died 3 years ago leaving bills with Medicaid, she had left me and sister quick claims on 150 acre farm, can Missouri Medicaid take it? I am Social Security disabled and live on the farm. I want to sell the farm but was told that Medicaid will take the money, can they after 3 years?

This question has been closed for answers. Ask a New Question.


Couple of issues - When your mom applied for Medicaid will make a difference...if she applied after your state signed off on the Deficit Reduction Act, then her estate is subject to MERP / medicaid estate recovery program. If she was on medicaid before that, MERP cannot happen. Also within MERP there are all sorts of exemptions & exclusions, like for low income heirs, caregivers, property expenses, etc. Just what exemptions & exclusions are there & how to be filed with required documentation & timeframe is totally interdependent on your state laws for property & estates & probate along with MERP regulations. Almost always this means having a probate or estate atty to deal with this.

You mention mom did a quit claim deed. Did you do that because the thought was a QCD would avoid probate? The issue with QCD is that there is no guarantee of ownership with a QCD property. It is a warranty deed that does that. A QCD is a transfer on ownership of what the person thinks they own. If there is a MERP claim or lien that can be done then moms ownership will have a cloud on the title till the claim or lien is lifted.

To find out, there's a couple of ways......You can get all filings on the property from the courthouse to see if a claim or lien placed but MERP may not do this. Or you contact a title company to do the search for clouds on the title - this would be more through. If there are any, it will have to be cleared or "lifted" for the property to be sold to anyone requiring a mortgage or title insurance or for you to have true ownership. Or you do a Quiet Title Action on the property, a quiet will take maybe 6 mos to clear due to the required notifications but once done, the property is completely & legally yours. None of these are DIY projects....really.

Right now a lot of states are in the transition phase of MERP being done by the state to being done by an outside contractors. If your state is going this route, the outside contractor will go back whatever your state allows for filing a lien or claim.

Whether or not there is a statute of limitations on MERP claim or lien depends on your states laws. Really you need legal advice for just how this works specific for the laws in your state.
Helpful Answer (1)

Were the deeds recorded, and if so, when, specifically in relation to when your mother began to receive Medicaid? Did you take care of her while both of you were living on the farm?
Helpful Answer (1)

You need to consult an Missouri attorney. Does Missouri have a "homestead exemption" ? In other states it can mean they can take your other land, but must leave you the buildings and 35 acres. Check it out. This is something you should not try to fix by yourself.
Helpful Answer (2)

This question has been closed for answers. Ask a New Question.