My question involves real estate located in the State of: New York

My uncle and I (with my wife and children) have resided in a home on Long Island for many years. We are both named as owners on the deed. In 1997, we asked my father, an attorney, to prepare an amended deed to establish my uncle as a life estate for purposes of qualifying for the STAR exemption. At the time, and purely inadvertently, my father failed to remove my uncle's name as Grantee. So the deed appears to read that my uncle and I are still co-owners while my uncle has a life estate. This appears to be a legal inconsistency. My father has prepared an affidavit attesting to this error.

The problem arose in 2004 when my uncle had to be admitted into a nursing home and we applied for medicaid. Medicaid was furnished but a lien was placed on the home, even though the Life Estate language clearly exists. We contend that upon my uncle's death (last year),the lien should have been removed. Is this accurate? Thanks!