Legal Question in Wills and Trusts in Washington

quit claim deed

Have you heard of copes? it s a medicaid program..it is administered by washington state department of social and health services.... people who use this program have to either pay them back or they will take you home after you are dead... do they still have the right to do this if a person has a quit claim deed to the house....can they take the house? its a mother and daughter situation she has had a quit claim deed for several years... can they take the house from her daughter after the mother is dead???


Asked on 5/16/02, 2:18 am

1 Answer from Attorneys

Bruce Busch Bruce R. Busch, Attorney at Law

Re: quit claim deed

Well, to start off with, any competent attorney would need WAY more information in order to advise you on the matter. DSHS can place a lien on property of the medicaid recipient. It does not always do so. A Quitclaim Deed MAY do the trick if it was executed and recorded prior to the date medicaid services commenced. Also, if the daughter resided with the recipient for a certain period of time and cared for the recipient prior to the commencement date of medicaid services there may be other options that would permit the property to pass free of medicaid liens. I strongly suggest you spend the relatively short amount of time, pay a consultation fee and speak with a qualified attorney well-versed in medicaid or elder law.

Best of Luck.

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Answered on 5/16/02, 2:32 am


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