Legal Question in Real Estate Law in Michigan
We live in the state of Michigan. My husband has an 81 year old mother that owns a home outright but lives with his sister because she can no longer liver on her own. All three siblings are on the deed to the home (not sure if by quitclaim deed or by other means). They have been on the deed for many years now. We are in the process of searching for adult foster care or nursing homes and she is on medicaid. Is it possible to remove her name from deed (she is willing) to avoid any financial recourse or should we just leave the deed as is? If we remove her name from the deed, what would be the financial recourse?
1 Answer from Attorneys
Medicaid would probably find that removing her from the deed is a fraudulent transfer for the sole purpose of "impoverishing" her. It is likely that her "share" of the property is not so valuable so as to prevent her from qualifying for medicaid. You need to have an attorney who is well versed in both medicaid and real estate review your documents, and your mother-in-law's finances, and then apply the law to the facts of your case.
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