El Paso, TX asked in Real Estate Law for Texas

Q: how do I file a quit claim deed to transfer property to a relative ? will that transfer be considered in the "look back"

Have been recently diagnosed with terminal cancer and am indigent except for 1/9 ownership in a property in MA. and want to put in a "quit claim" deed transfer to prevent that from being sucked into the medical payment stuff.

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2 Lawyer Answers
Anthony M. Avery
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: The transfer would probably be subject to being executed on by the government agency. But land in another State would probably not be looked at. The lien is usually filed in the County of the owner with medical problems. Get your relative to hire an attorney to handle the transfer.

John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: Yes, a transfer by quit claim deed will be considered in the Medicaid look-back period for five years. As a tenant in common with a 1/9th ownership interest, the property may be partitioned by sale.

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