property claims

What is the name of your state? kansas
in sept. 1995 my father had papers done for his house. they read deed transferring residence from father to 3 kids retaining life estate. lawery says if house sold father and kids must sign off on all paper work. deed was joint tenants with survivorship.
then in sept 2001 a quitclaim deed was done. the dee was signed by 2 of the kids and there spouses giving the house to me and my wife.
then in jan. 2004 a quitclaim deed was signed by my father giving the house to me and my wife as a gift per lawyer saying this would make house fully ours with no one else having any claim of ownership to the house.
question beingmy fathers health not well and we may belooking at him goint into long term care. can they claim house as his property. my lawyer saysno but when consulted 2nd lawyer they said yes because it has to be 5 years since he signed. so is the house fully minewith no one else having claim to it or can a long term care say it is my fathers property?
The main thing behind this question is , that i was told there has to be a 5 year peroid pass before the house is mine and cant be taken to pay bills of my fathers.

[HomeGuru]

Originally posted by nurseangel31_03
What is the name of your state? kansas
in sept. 1995 my father had papers done for his house. they read deed transferring residence from father to 3 kids retaining life estate. lawery says if house sold father and kids must sign off on all paper work. deed was joint tenants with survivorship.

**A: if father is sole titleholder of record, the deed should not have a joint tenant tenancy. Although the life estate could be held in JT.
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then in sept 2001 a quitclaim deed was done. the dee was signed by 2 of the kids and there spouses giving the house to me and my wife.

**A: I do not understand how this is possible since the 2 kids would only hold a life estate interest and not even be on the deed.
************

then in jan. 2004 a quitclaim deed was signed by my father giving the house to me and my wife as a gift per lawyer saying this would make house fully ours with no one else having any claim of ownership to the house.

**A: ok, this makes sense.
********

question beingmy fathers health not well and we may belooking at him goint into long term care. can they claim house as his property.

**A: who is they?
********
my lawyer saysno but when consulted 2nd lawyer they said yes because it has to be 5 years since he signed. so is the house fully minewith no one else having claim to it or can a long term care say it is my fathers property?

**A: please review your issues and post and state only factual information. Your post is confusing and does not contain the true facts.

Originally posted by HomeGuru
**A: please review your issues and post and state only factual information. Your post is confusing and does not contain the true fac

The main thing behind this question is , that i was told there has to be a 5 year peroid pass before the house is mine and cant be taken to pay bills of my fathersts.

[HomeGuru]

Your response does not help at all. Read my responses thoroughly and respond to responses #1 and 2.

Originally posted by HomeGuru
Your response does not help at tall. Read my responses thoroughly and respond to responses #1 and 2.

#1 There was a deed made that all three of the kids signed. There was a letter in with the deed that said the house was put into a life estate. The letter also that if the house was sold father and all kids and spouses would have to sign the papers to sell it.

#2 When father decided he wanted me to have the house and not the other 2 kids, that is when they signed a quitclaim deed. To my understanding that meant if dad was to die or go to long term care they would have no claim to the house. The reason that theysigned this goes back to the other deeed that was done.

What I really need to know is if my father goes into long term care can the long term care or medcaid take this house as part of his assets. I was told no by my lawyer and another lawyer says yes because my father signed off on the deed less then 5 years ago and he gave it to me as a gift when he signed the deed.

[HomeGuru]

Originally posted by nurseangel31_03
#1 There was a deed made that all three of the kids signed. There was a letter in with the deed that said the house was put into a life estate. The letter also that if the house was sold father and all kids and spouses would have to sign the papers to sell it.

#2 When father decided he wanted me to have the house and not the other 2 kids, that is when they signed a quitclaim deed. To my understanding that meant if dad was to die or go to long term care they would have no claim to the house. The reason that theysigned this goes back to the other deeed that was done.

What I really need to know is if my father goes into long term care can the long term care or medcaid take this house as part of his assets. I was told no by my lawyer and another lawyer says yes because my father signed off on the deed less then 5 years ago and he gave it to me as a gift when he signed the deed.

**A: you need to hire an attorney to review all the documents, title report etc.
You situation is too complicated and you have not provided all the actual facts.

[JETX]

HG, I presume the issue is that 'they' (medicare or equivalent) is claiming the house is still the fathers asset... and is being applied against his request for medicare payments.

I do agree that the writer should see an attorney, as I believe all the 'cross-deeds' have certainly confused the issue.

For example:
"in sept. 1995 my father had papers done for his house. they read deed transferring residence from father to 3 kids retaining life estate."
**** If this was done correctly, 'father' would no longer have ownership of the property as it was transferred to the three children (with 'father' having a life estate).

"lawery says if house sold father and kids must sign off on all paper work."
*** Actually, if the property ownership was correctly transferred, signatures would only be required of the owners.... the three children and not the father. However, any new 'owner' would have to agree to the life estate.

"deed was joint tenants with survivorship."
*** Presumably, that is JTROS between the three kids. Father should have been removed on his transfer in 9/95.

"then in sept 2001 a quitclaim deed was done. the dee was signed by 2 of the kids and there spouses giving the house to me and my wife."
*** Presumably, that would transfer the 2/3 ownership to the remaining 1/3 owner.... the writer.

"then in jan. 2004 a quitclaim deed was signed by my father giving the house to me and my wife as a gift per lawyer saying this would make house fully ours with no one else having any claim of ownership to the house."
*** This is the problem I have..... if the father no longer has an ownership interest (from 9/95 transfer), his signature now means nothing!!

"question beingmy fathers health not well and we may belooking at him goint into long term care. can they claim house as his property."
*** Yes, they (medicare) can. It will then be up to you to show/convince them that it isn't.

"my lawyer saysno but when consulted 2nd lawyer they said yes because it has to be 5 years since he signed."
*** That is correct. Medicare has this requirement to prevent situations as you are trying to do.... a parent doing a 'hollow' transfer to enable them to remove assets from review for qualification.

"so is the house fully minewith no one else having claim to it or can a long term care say it is my fathers property?"
*** That wil require a FULL review of ALL the facts and documents..... presumably by an attorney.

"The main thing behind this question is , that i was told there has to be a 5 year peroid pass before the house is mine and cant be taken to pay bills of my fathers."
*** Two issues... medicare has already been discussed. The remaining one (pay bills) is now raised. If the property transfers were done solely to protect his assets from valid creditors, then the creditors could claim 'fraudulent conveyance' and the court could undo them and return the asset to the debtor.

So, what is it..... medicare or debts?

[HomeGuru]

Thank you JETX.

Originally posted by HomeGuru
Thank you JETX.

it isn't either as of right now.
no medicare has not tried to claim the house the only reason these papers where dont is that dad wanted to make sure I would get the house if some thing happened because my bother was trying to get clai after he had already signed off. that was befreo they thuoght dad was getiing bad enough for long term care.right know my dad is living with my sister. when i had talked to a friend of mine he said that he had heard that if house hadn't been signed off on for 5 years that medicare could try to take it because that is what happened to them when his family member went into long term care. i was asking because i am moving into the house and if they can claim the house then i won't have a place to live.

[HomeGuru]

Ok, good luck and say Hi to your attorney for us.