Legal Question in Elder Law in Florida

Quitclaim deed and medicaid

My 2 siblings and me have quit claimed our mother's condo so that all 4 names appear. Under Medicaid, will this condo be considered her homestead? Can the children sell or rent the condo and have the proceeds not affect her Medicaid?


Asked on 7/24/04, 4:32 pm

1 Answer from Attorneys
Frank J. Pyle Probate Attorney Throughout Florida

Re: Quitclaim deed and medicaid

The transfer of 3/4 of her homestead should disqualify her for Medicaid for a number of months (based on the value of the 3/4 she gave away), just as the gift of any asset would do. That appears to be a mistake. Her 1/4 interest should not disqualify her for Medicaid (nor would the full ownership)as it should still be her homestead, and it should pass free of creditors at her death, as would the entire homestead if she still owned it. 1/4 of the net income from renting the homestead would be her income and presumably have to go toward the cost of her nursing home.

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Answered on 7/25/04, 4:27 pm


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