Q: Could removing a lifetime estate Claus from a warranty deed cause my mom to loose Medicaid payments to the nursing home
My brother and I are co owners of the warranty deed the clause is on. She lives in a memory care facility the Medicare helps pay the room and board along with her social security We live in Texas?
A: In Texas the home is not counted in determining eligibility for nursing home Medicaid. There is no need to remove the clause granting your mother a lifetime estate. Giving up that lifetime estate, however, could be seen as gifting the people who have the remainder interest (you and your brother). Any transfer for less than fair market value (such as a gift) within 60 months before the month of Medicaid application could be seen as a transfer in an attempt to qualify for Medicaid and disqualify your mother.
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