Legal Question in Real Estate Law in Indiana

Removing a name from a deed

My Mother had a stroke, and we had to put her into a nursing home and put her on Medicaid. My Father still lives in their home. Her case-worker informed us, that we have until Nov. 1st, 2007, to remove her name from their deed. and put my name and my sister's name on it, along with my father's, or they will take half of the money, from it, if my father ever sells. What do we have to do to get this done?


Asked on 9/04/07, 9:16 pm

1 Answer from Attorneys

C. David DuMond Law Offices of David DuMond

Re: Removing a name from a deed

I am sorry for your mother's health problems. You need to confer with a local attorney experienced in property law and elder law. Based on the facts contained in your question, I doubt the caseworker is giving you accurate information. Since your mother is already receiving Medicaid services, then Medicaid is entitled to "look back" at least five years from the date of eligibility. I don't see how a tranfer to the children at this point would accomplish anything and might even endanger your father's ability to keep the home. Your family could elect to forego the Medicaid-provided services, and take care of your mother yourselves, as in days gone by. You should be able to find a local attorney who is more knowledgeable about these issues. Look for someone experienced in Elder Law. Good luck.

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Answered on 9/05/07, 4:25 pm


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