Legal Question in Real Estate Law in California
quit claim deed
To avoid medical from being able to put a lien
against my fathers home in event he is put into a
nursing home can he quit claim deed the property
to his hiers. Must the quit claim deed be recorded
to be effective? I do know that the transfer must be
30 months prior to his being put into a home for
assistance from medical in order for medical not
being able to come back to retrieve assistance
costs.
1 Answer from Attorneys
Re: quit claim deed
You should see a lawyer who specializes in estate planning before making any moves, and soon. There are some creative and legal ways to handle this type of problem based on trusts (ask about a 'special needs trust.'
Transfering property by any type of deed, whether quitclaim or grant deed, may or may not accomplish your objective. Note that the law treats transfers for fair value differently than gifts or sales at bargain prices.
All transactions affecting an interest in real estate should be recorded -- not as a matter of making them effective between the parties, but as a matter of giving notice to the world of the transaction.
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