Legal Question in Elder Law in Washington

Protect Home From Medicaid

My father recently passed away. He was employed as my mothers caregiver. They divorced several years ago so my dad could be a state funded caregiver and my mom could be on Medicaid. Last month, they remarried so my father would pass away as her husband.

My quit claimed the house to my sister in 2004. We have a notorized document that was never filed. We need to sell the house, but want to protect the proceeds from Medicaid. My mother is listed as co-owner on the deed. My fathers will leaves the house to my sister.

So knowing all this, who has rights to the house? My mom because she was my fathers spouse? My sister because of the quit claim deed (which was never filed, but signed and notorized) or my sister because the house was left to her in the will?

The nursing home my mom is in tells us that they can draw from the proceeds of the home when the house sells until it is gone and my mom would go back on Medicaid. Is this true? Or does my sister have rights to the house. She has power of attorney over both my parents, but is the house legally my moms?

Yes, it's a mess.


Asked on 9/29/07, 10:01 pm

3 Answers from Attorneys
Bruce Busch Bruce R. Busch, Attorney at Law

Re: Protect Home From Medicaid

Boy, are you sure this isn't a law school question? Mistakes all over the place. Transfer to daughter not recorded -- Medicaid typically places a lien against real property in the name of the decedent. In addition, while you could argue there was a gift, this transfer could have disqualified the mother from medicaid eligibility at the time of the gift. In a perfect world the mother would have deeded her interest in the house to your father prior to death, then there would be no house in her estate. The other two attorneys are correct -- seek counsel.

Remember, I'm an attorney but I'm not YOUR attorney. Only a thorough review of your situation by a competent attorney after an attorney-client relationship has been established will result in an informed legal opinion.

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Answered on 10/01/07, 2:16 pm
Merry Kogut Key Peninsula Law

Re: Protect Home From Medicaid

That's a very complicated situation. You need a lawyer. Let me know what city you're in so I can recommend someone.

Merry Kogut

[email protected]

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Answered on 9/30/07, 11:07 am
Elizabeth Powell ELizabeth Powell PS Inc

Re: Protect Home From Medicaid

This is WAY too complicated to answer on the internet. You could be facing some serious issues here. Did you have an attorney give you advice at any time since your parents divorced?

Short answer is that a spouse takes under WA's community property law and the recent marriage trumps.

But your family runs the risk of being liable for the Medicaid look-back issues, because it appears as though there was a coordinated intended plan to keep the assets out of the reach of Medicaid.

BIG problem.

Your local county Bar association can provide you a referral to a local attorney who can help you.

Elizabeth Powell

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Answered on 9/30/07, 12:36 pm


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