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quit claim deed/nuring home

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nyliving

Junior Member
What is the name of your state (only U.S. law)? new york
Over 7 years ago, i moved into my dads home. In 2005, his will was redone adding me as getting the house, and the other kids getting the money, at this point, it looks like he will be going into the nursing home, I signed a quit claim deed in 2005. Can i stop the nursing home from getting the house? thank you
 


FlyingRon

Senior Member
As nextwife alludes, you "get" whatever is left in the estate. After the nursing home and whatever other debts are paid then the cash/home that remains is distributed in the will.

What do you mean you signed a quit claim? How was it that you acquired an ownership interest in the house?
 

nyliving

Junior Member
quit claim deed/nursing home

Yes, i signed a quitclaim, with life stay clause in it, i found some information earlier regarding the Medicaid in NY, and since i have lived here more that 2 years, they should leave the house alone, He does have money, and they should take that first
 

anteater

Senior Member
Since you are being cagey about what "signed a quitclaim" means, I'll leave that alone.

Each state has its own detailed requirements and interpretations about Medicaid eligibility, but claiming the "caregiver child" exemption usually entails more than living there for more than 2 years. Generally, the exemption requires that a physician certify that, but for the care given by the child, the Medicaid applicant would have required care that could only be provided in a facility.

The nursing home is not going to "get the home." The nursing home is not interested in the home. The nursing home does not want the home. The nursing home wants to be paid. The nursing home does not care whether that comes from the resident's funds or from Medicaid. It is the state Medicaid agency that has the requirements concerning the applicant's assets and any asset transfers that may have occurred during the lookback period.
 

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