Michigan quit claim deed BIG CONCEARN

[rayj231]

Hello. My father and I are joint owners of a house and my concern is that the government will step in and want a share. Here is the situation, my father and I purchased a house together 4 years ago and a quit claim deed was filed stating that the grantor grants to grantee the right to make all divisions may have under section 108. My father is currently in a senior home and the bill is being paid by Medicaid, will the government come back after he passes and demand a share of the house to get some of their money back. ( Michigan ) Thank you for this Site!

 

[bcr229]

When was the quit claim deed filed and when did your father go on Medicaid?

 

[FlyingRon]

In addition, some details would be nice. Who was the grantor and grantee on the deed? How much land are we talking about? A 108 division doesn't make any sense unless you have sufficient land to subdivide to begin with. Did the deed purport to transfer rights other than the 108 division?

As BCR is prodding, if you were conveyed the entire property (forget about the 108 crap, it doesn't itself much matter to medicaid recovery) recently, they may come after the transfer as being invalid. If sufficiently far back, you may be safe.

Michigan law has a law protecting the recovery against you if you had cared for your father prior to two years prior to him entering nursing care (in fact, delaying the need for that care).

It's ill-advised to go willy nilly deeding things and making ad hoc things to avoid medicaid recovery, it may be too late now, but you should have had proper legal planning back years ago.

 

[adjusterjack]

will the government come back after he passes and demand a share of the house

If the government wants anything it won't be "a share of the house" it'll be MONEY. Whether or not you have to sell the house depends on how much money you have that you can give the government in order to keep the house.