Protect Home From Medicaid
My father recently passed away. He was employed as my mothers caregiver. They divorced several years ago so my dad could be a state funded caregiver and my mom could be on Medicaid. Last month, they remarried so my father would pass away as her husband.
My quit claimed the house to my sister in 2004. We have a notorized document that was never filed. We need to sell the house, but want to protect the proceeds from Medicaid. My mother is listed as co-owner on the deed. My fathers will leaves the house to my sister.
So knowing all this, who has rights to the house? My mom because she was my fathers spouse? My sister because of the quit claim deed (which was never filed, but signed and notorized) or my sister because the house was left to her in the will?
The nursing home my mom is in tells us that they can draw from the proceeds of the home when the house sells until it is gone and my mom would go back on Medicaid. Is this true? Or does my sister have rights to the house. She has power of attorney over both my parents, but is the house legally my moms?
Yes, it's a mess.