Legal Question in Real Estate Law in Illinois
Can the state take a house
My grandfather is in a nursing home and the state pays for his care. The have told my grandmother that her house and all her assest will be siezed after she passes for payment for the care. She has tried to sell the house to my uncle so we can keep it in the family and she had quick claim deed filled out. When she sent it to the state they said that she could not due this. Is this true, can the state actually take all her assests after she dies.
2 Answers from Attorneys
Re: Can the state take a house
Yes, the state can enforce a public aid or Medicare lien subsequent to death. I would observe, however, that the refusal to record the deed is probably not related to this.
Re: Can the state take a house
I would add to Mr. Dobra's comments that I have never seen public aid remove someone from their residence. They will generally expect payment when the house is sold. Also, public aid has no authority to refuse to record the deed. Deed are recorded in the office of the Recorder of Deeds located in the county where the property is located. However, deeding to a family member will not avoid the lien. You should contact an elder law attorney in your area.
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