Home to heirs-Medicaid lien

[Smithelliot]

What is the name of your state?Florida
I need some good sound legal advise that I can trust.
My mom has a will leaving her home to me, her daughter. I live with her and have done so for the last 20 years. Today, we decided to put the home in both our names thinking this would delete any problems in the future, probate, etc. The home is probably only valued around 100,000. We took this to the lawyer, who told us to do it a different way. I cannot remember what he called it. Not a living trust. But the deed to the home would still be in her name and he said all I would have to do is record the death certificate and the home would automatically be in my name--no probate, no taxes, etc. He also stated that if she went into a nursing home, by doing it this way, Medicaid could not touch her home and could not try to receive the money back after she dies from her heirs by putting a lien on the home, due to some Florida law regarding heirs. Something about this just doesn't make sense to me. Why couldn't they if it is still in her name? What is the best thing to do in my situation to make sure none of this does occur and that I will gain the home quickly and easily?

 

[Dandy Don]

So get a second opinion from another attorney experienced with Medicaid issues or from a certified estate planner or financial planner. Transactions such as you describe must be very carefully scrutinized in advance and all of the implications anticipated, because if it is not done correctly, Medicaid will use the full force of the law to come after you for everything that may be due to them.

DANDY DON IN OKLAHOMA ([email protected])