Legal Question in Elder Law in Ohio

The transfer on death deed needs to be filed with the recorder's office if it has not already been filed. It needs to be filed prior to death to be effective. Any one can file the deed so you do not need a POA to file it.

A transfer on death deed is not a completed gift since the transfer occurs only upon death and she controls the house until her death. Therefore, it would be considered a resourse for medicaid purposes and since she is not living there she would need to sell it and spend down that money.

Medicaid recovery can come back against any asset that is in her name so they probably could not come back on your house unless she has an interest in it.

I would advise you to consult with an elder care lawyer who can advise you on these issues and more.

Unfortunately, the TOD deed filed in 2003 was not a completed transfer of interest of your mother's property. The designation of a transfer on death beneficiary has no effect on the present ownership of the property, and you have no interest in the property until your mother's death. Therefore, it will be a countable resource for Medicaid purposes. A POA does not need to be filed with the TOD.

In regards to your home, does your mother have an ownership interest in it? If so, did she need nursing care for the during years that she lived with you while you were caring for her?

Please contact me at http://www.socrateslegal.com. Otherwise, good luck!