Legal Question in Real Estate Law in California
House deed medi-cal take for bills or add relatives to deed
sister owns house Ca to be shared with 2 sisters. No medical ins had surgery, tumor, terminal 18 Mo Signed Medi-cal paperwork while in hospital. Plans on removing, deceased husband 3 yrs from deed. add sisters names to deed so it can go directly to them upon her death. Will this create problems with Medi-cal such as are they entitled to a percentage of house sale? Can the names be added legally as she already had medical treatment House is in disarray due to papers, books and stuff, incl rodents. Nighborhood houses sell approx. 200,000 but her house in bad shape never painted outside wood, fencing falling down, pool cracked etc. May sell for approx. 80,000 if at that due to condition. Got power of attorney & her simple will.Will probably have to put her into some sort of nursing facility can not care for herself any longer. No one able to stay or care for her personally ... she is in her home alone. Owes mortgage approx. 25,000. owns lot of dirt Kern County approx. 6,000 with 175.00 taxes yearly. Does not qualify her for health programs. Has 7,000 IRA Is 61 yrs old. Has 3,000 life insurance. some stock unknown worth. What can we do that will not break any laws in Ca in handling this.
1 Answer from Attorneys
Re: House deed medi-cal take for bills or add relatives to deed
This whole area of law is very complex, and lies more within the expertise of an estate-planning attorney that a real-estate specialist.
The regulations and rulings are constantly changing as the state tries to collect more money for long-term care and patients and their heirs invent new strategies to shield family wealth.
I recommend consulting an attorney that does estate planning including tax planning. The amount of money potentially at stake is great enough so that failing to spend a little on professional estate planning is foolish. The attorney can also advise you on competency questions, how to use powers of attorney within the bounds of law and fairness, conservatorships, and the like.
You may also be able to get a lot of free assistance with the personal-care matters by contacting the Kern County Council on Aging. They can't give legal and financial advice as such but they can answer a lot of your other questions and direct you to social workers and others who will be very helpful.
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