Legal Question in Real Estate Law in California

Re: Quick claim????

She needs expert medical advice. I know several attorneys she can speak to. Telephone for a referral 800-894-2889, attorney Joel Selik www.4thelaw.com

Re: Quick claim????

Yes, she can quitclaim to you or anyone, but the interest conveyed by the quitclaim will be no more than her remaining interest in the house, if any. If the state has a prior interest resulting from medical assistance, whoever becomes owner under the quitclaim takes subject to that interest, just like a mortgage, and if the state isn't paid off it will pay itself off by foreclosing on and selling the house.

I recommend you invest a few hundred bucks in having a plan prepared for your mother by a good estate planner / attorney. This should include both financial (will/trust) and health aspects (durable power of attorney). You will both be thankful later on. Get someone local and someone with good recommendations.

Re: Quick claim????

Thanks for your posting. In general, state or federal government agencies have your mother state what assets she owns to see if she qualifies for benefits. After she receives benefits, the agencies that paid for those benefits have a "lien" on whatever she owns for the amount paid on those benefits. They don't just "own" her house, but if she sells or transfers the property, they have the right to have their amounts paid back from the sale.

Having said that, a "quit claim" (no such thing as a "quick claim") might help ... and so might the creation of a trust or putting the house in a retirement plan. It all depends on the amounts of the assets... and the amounts that the SSA and MediCal are asking to be repaid. Thanks, and if you want to email me or call me at 1-877-568-2977, please do so.