Legal Question in Real Estate Law in Maryland

A typical deed conveying property to a family member is relatively straight-forward. Although the law disfavors restrictions on resale (and typically once a property is deeded over, the owner can do as they please), there are some ways to place certain restrictions. These would typically be either by placing the property in a trust (of course you'd need to also set up a trust) OR having some type of sale restriction / right of first refusal for a specified period of time. Attorneys each set their own rate and so there is no set charge for attorneys posting on this website, but my firm for instance does family deed transfers for $250 or less, not counting any government filing fees ($60 recording fee in every jurisdiction and $0-$60 in additional government fees which vary from county to county). My firm, as many others, also helps create certain trusts, generally for a flat fee although fees vary based on the situation. This is not a promise to represent and you are welcome to contact other firms to get their fees.

Unfortunately, your post asks something far beyond a typical deed and gets into more complex planning issues than a typical revocable trust. Basically Medicaid is a needs-based government benefit for those who don't have the means to pay for their own care. If one is claiming poverty, they can't usually own assets. Any assets given away in a certain period of time (typically 5 years) before seeking government funds usually still count as belonging to the original owner. Retaining control over an asset (including the right to limit sale, etc.) also makes it look more like an asset still belonging to the person with control.

You may wish to consult with an attorney focusing on Medicaid planning to discuss the second part of your question. In particular, you may want to explore whether such goals might be accomplished by a custom trust. In many cases, planning comes down to weighing the various goals and deciding what is most important. If retaining control is most important, you might consider a life estate deed or revocable trust. If transferring the property so that you no longer own it is most important you may consider a straightforward deed. Again, these should be discussed with an attorney after sitting down to talk about your specific situation.

While I hope that this post helps, it is not designed to create an attorney/client relationship or offer any specific legal advice.