Legal Question in Real Estate Law in Georgia
Property adn Medicaid
My Aunt has dementia. My brother and
I have medical power of attorney.
Beefore her husband died, he had her
sign over all of her assets to him. He
then quick claim deeded her 23 acres of
land to his son. His son has agreed to
give the land back to my aunt. She is
unable to live on her own and we have
convinced her to go the Nursing Home.
She is in a swing bed in the hospital. If
the land is deeded back to her, will
Medicaid take her land? If the land is
deeded to my brother and I, can we
protect our family land?
2 Answers from Attorneys
Re: Property adn Medicaid
Medicaid has a 5-year look-back period and if the land was deeded out of her within 5 years of going on Medicaid, it may be considered part of the Medicaid estate. These laws are very complicated and you should contact a local attorney for further advice.
Re: Property adn Medicaid
The events that you describe will need to be further clarified and explored prior to answering your questions. You need to get an attorney involved quickly and should refrain from conducting any transactions encompassed by your questions until you do.
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