Will Medicaid still put a lien on house that is transfer on death & doesn't have to go thru probate?

Gin - if TOD not covered, then you need an probate attorney who has experience with MERP in your state & asap.

You also want to be on the lookout for a "Letter of Intent to FIle a Claim" from MERP. This could come from the state DHHS or from an independent contractor who does MERP for your state. You need to respond to it within whatever time frame is indicated too. Good luck & let us know what you find out.

JessieBelle - you know there is talk in TX legislature that the Lady Bird outside of probate will no longer be allowed if Medicaid Class 7 claim exists……

Personally I think the whole homestead exemption for NH Medicaid will be disallowed by all states in the near future. Maybe allow for it for 6 months IF property on sale with MLS Realtor listing and then renewed every 6 months. But the costs to the states for LTC is just going to bankrupt states especially as the boomers start hitting & qualifying their applications for NH Medicaid.

I just did a google search using "Missouri Medicaid TOD" and found the answer on a few sites. Apparently TOD instruments do not protect a property from MERP. There may be other considerations that will allow you to avoid a lien. For example, is a disabled or minor dependent still living there? Will losing the house create a hardship, so that someone will become homeless? Was there a full-time caregiver living there at least two years before your father entered the NH and who continues to live in the house as a primary residence? The caregiver has to be shown to have kept the elder from going into a NH during the time. These are standard Medicaid considerations.

But if the sites are correct, TOD assets are still subject to MERP. Still, I would talk to an attorney, who may know if there is a special clause for people who used the TOD instrument so many years ago. We lay people don't know the small things that go into a law.

You need to speak to an elder law attorney who has actual experience with MERP in your state. I do know that "Lady Bird Deed's" which is a variant on TOD if done properly are outside of MERP recovery action as they transfer outside of probate. They key is if they were done correctly (my mom did a Lady BIrd in 2000 but it is worded somewhat different than how her codicil in 1998 has the heir named; mom has her home, is in a NH on Medicaid and I as her executrix will be dealing with MERP TX, so I try to keep up with all this). Only about 6 states have Lady Bird's allowed and in their state administrative code.

For me, there are 2 approaches you can do. I'm assuming dad is dead & you have all the paperwork together (the last tax assessor statement on the house, his will - if there was one done; the old TOD paperwork & maybe 2 or 3 original death certificate) &1K in cash & you have your wits about you & not grieving):
1. You do this yourself. First go on-line to your county courthouse and pay the on-line fee to get every document on the property. Everything too like even if there was a filing for an "easement" done by the water department. For things from the last 10 years, most places have this as a download; for older than 10 years, they research & mail to you. You want all filings on the property (done by parcel #). Once you have this then you go to courthouse. Dress nicely but nothing designer, be calm & take yourself & 2 ID's (like drivers license, passport or voters registration) & dad's paperwork in a binder to the courthouse about 9:30 in the morning (court has started and it's a down time for staff) and ask at the Chancery Clerk's or Clerk of Court's office that you want to do a transfer of property ownership to you, that you have a TOD on your deceased dad and where to start. Do your best "Help Me Obi Wan Kanobi" act.

The staff is very knowledgeable & can be quite helpful IF you have what they need to do this. You may be able to do a "muniment of title" or other transfer action on the property to get it properly transferred to you. These run a fraction of probate court costs. And you want to be able to pay whatever right then to open a file for a muniment, this is why to take the cash. Courthouses hate checks and will put a hold for 2 - 3 weeks for checks to clear & CC they add maybe 3 - 8% surcharge. Cash makes everybody happy & they will stamp the file to start that day, which is VERY important to do. Muniment maybe runs $ 500 - 700 & maybe 2 more courthouse visits/filings and then a few days later you get the now transferred into your name property paperwork back.
2. OR choice #2: You get all the courthouse filed documents & all the above paperwork and go see an attorney to do all this for you.

Again if you choose the DIY approach you have to have all your documents in line and available for the clerks office right then & have the cash to start the file right then. They don't want to hear your family drama either. Good luck.

Some states have rules now that transfer properties (POD or TOD) are subject to MERP. However, I do not know if Missouri is one of them or how the transfer being arranged 16 years ago will affect it. I hope someone who knows the law in MO can help.

No, he was a widow. He had the papers drawn up legally for transfer on death over 16 years ago so it wouldn't have to go thru probate. He passed away last month after 8 months on Medicaid. Some states say that MERP can only put a lien on property that goes thru probate.

The laws on this differ from state to state. I do not know what the law in Missouri is. It would be worth checking with an attorney that understands Medicaid. It may be that the house will transfer, but there may be tax penalties that can surprise you. I would ask a professional knowledgeable about your state laws.

Look at what was signed when he applied for medicaid. Usually, medicaid is paid back through the sale of the house. Is there a wife, that is living?

Probably so because the creditor (state) will have a claim that needs to get paid by the asset of the insured before anyone else gets a benefit