Will transfer on death deed avoid Medicaid”?

Q: Will a Transfer on Death Deed protect my mother’s home from Medicaid reimbursement if it was filed over 5 years prior.

A: I am not familiar with what a “transfer on death deed” is. If it transfers title from A to B upon the death of A, then my opinion it would not preclude a Medicaid interest as it only transfers a future interest in the property which is completely revocable during life. Because of this the state will file a lien against the property. You should review the deed with an estate planning attorney versed in Medicaid law.

If you feel like this issue relates to you, or a problem that you are experiencing, please contact me so that we can discuss your situation.