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Change Quit Claim Deed As Part Of Life Estate

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  • 02-24-2008, 06:06 PM
    joycedl
    Change Quit Claim Deed As Part Of Life Estate
    After my father's death in 2000, we set up a life estate for my mother's home and filed a quit claim on the property in my sister and my names. My sister married in 2001 and live in the home with my mother. Recently my sister and her husband have been having marital problems. In the event of a divorce would my sister's husband have a claim on part of the house. Can we changed the quit claim deed and take off my sister's name so that he wouldn't? Would this start the 3-year period that the state of Minnesota could consider this as my mother's asset (and have to be used as payment for medical care)?
    Thank you for any information.
  • 02-24-2008, 06:28 PM
    gigirle
    Re: Change Quit Claim Deed As Part Of Life Estate
    Minnesota is equitable distribution so he would not be entitled to your mothers house. The house was hers prior to the marriage and was inherited. Unless the deed was changed to include his name.
    Quote:

    Can we changed the quit claim deed and take off my sister's name so that he wouldn't?
    Yes, you can.
    Quote:

    Would this start the 3-year period that the state of Minnesota could consider this as my mother's asset (and have to be used as payment for medical care)?
    This is where you confuse me. After dad died and you changed the name to you and your sister on the deed, mom is off the deed at this point correct? If so, your 3 year period is over. Moms claim was out the window 3 years after the qcd. Unless of course I'm missing something.
  • 02-25-2008, 07:05 AM
    lwpat
    Re: Change Quit Claim Deed As Part Of Life Estate
    There is no way for anyone to tell whether this was done correctly. Take the deed from your father's estate and the quit claim deeds to an attorney and let him review them.

    Life estates are full of potential problems. If you mother goes into a nursing home or is incompetent you and your sister may not be able to sell the house. There are also issues of insurance, maintenance taxes etc. If she goes on Medicaid, even a life estate can be attached and a lein placed on the house.

    This is a good time to have an attorney review all of her paperwork. It will make it a lot easier on you and your sister.
  • 02-25-2008, 10:12 AM
    joycedl
    Re: Change Quit Claim Deed As Part Of Life Estate
    I have to apologize for providing incorrect, possibly confusing, information. My sister was married when we set up the life estate for my mother and filed the quit claim deed with my sister and my names on it. I basically have 2 issues: How to protect the house from the state and how to ensure my brother-in-law has no claim on any part of it.. If we take my sister’s name off the quit claim while my mother is alive does that mean the brother-in-law would have no claim on the house? Also, we understood that, in Minnesota at least, that the state couldn’t put a lien on the house if it hadn’t been in my mother’s name for at least the 3 years prior to incurring state medical expenses. If we change the quit claim deed, does that 3 year period start over?
  • 02-25-2008, 05:37 PM
    lwpat
    Re: Change Quit Claim Deed As Part Of Life Estate
    My answer remains the same. I have no idea if the quit calim deeds are valid or what you "quit claimed". Someone familar with the laws of your state needs to review the paperwork starting with the probate of your father's estate.

    In some states a lein can be placed on the home even if it is only a life estate. I will pass on commenting on the morality of expecting the state to pay for her care.

    It is unlikley your brother-in-law has a claim on the house. It was either a gift or inheritance to your sister and is separate property.
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