Deed versus will, will we need to have her will re-written?

Medicaid won't be involved until the 5 year look back. We have consulted a lawyer he just hasn't been helpful. We need to find a different one.

Kannie, ah yes, when it comes to Medicaid maybe later down the road, that's a whole different ball game. It depends on your State's Medicaid "look back". Most States look back 5 years, but I have heard that some States may go to 7 years.

Since your Mom removed her name in 2014, the house should be ok if your Mom doesn't need Medicaid for the next couple of years [if the look back is 5 years]. Medicaid won't be looking at her Will.

I would check with an Elder Law Attorney to make sure everything is in order. Elder Law Attorney are experts when it comes to the maze called Medicaid.

Do you think Medicaid is going to be involved before 2019? Because changing the deed in 2014 was a gift of her interest if she was previously on deed and will incur a transfer penalty until 2019 (5 years from the date of gift). Check with an attorney in your state to see if she can do a letter addendum to will - personally, I think you need a consult to discuss both the real estate transfer in case Medicaid gets involved before 2019 and you hit a *panic* button when it surfaces during application.

Alfred, very true but The question was asked in an event that Medicaid got involved. They are not involved at this point but just trying to get my ducks in a row. I probably should've stated that in my original question. LOL

I don't see a need to have the will rewritten. The will indicated her desire to leave you the house in any event, so no one can claim that the deed transfer was somehow done through coercion or other pressure on your part.

A Will should be redone each time there is a major change to an asset. Buying or selling a house or other large asset should trigger thinking about changing the will.

As Pl said, if she does not own the house (name on deed) she cannot leave it to someone.

When I 'got the house' in my divorce, it was time for me to rewrite my will, one to write my ex out of it, but also to add the full ownership of my house to it. Prior to the divorce we had joint tenancy and if either of us died, the other got the house fully and it avoided probate.

If there are other beneficiaries, it is best that Mum's will be clear as to what she does own and what she can leave to whom in her will.

As I understand it, if property that was specified in a will is no longer owned by the person who made the will the point is moot. You can't pass what you don't own. The deed shows you as owner of the property. There shouldn't be any problem here but if it would ease your mind do a quick consult with an attorney.

Kannie, it probably depends on your State laws. I would suggest you contact an Elder Law Attorney and set up an appointment.

The Attorney may, or may not, recommend that the Will [which is over 10 years old] needs to be updated to reflect current State laws. If your Mom's Power of Attorney wasn't written by an Attorney, the Attorney may recommend one that is more informative be written. Example my own POA is 17 pages long and it covers everything.