Protecting home from nursing home and medicaid claims
In Florida, the home you live in is protected from nursing home and Medicaid claims. This caller needs to be more concerned with avoiding probate.
Caller: I got a mother that's elderly and she might be put into a nursing home. Now she has some property and we don't know what's the best decision is going with a ladybird deed or going with a quick claim? Attorney Tom Olsen: Okay. Tom the property you're talking about is this her home where she lives? Caller: Yes, it is. Attorney Tom Olsen: All right. Tom the good news is this that here in the state of Florida her home is absolutely protected from nursing homes and Medicaid claims. Meaning she can go into a nursing home and that nursing home and Medicaid will not put a lien on her home and her home will past to her kids free from nursing home and Medicaid claim lien. Tom if you do nothing there's not going to be a problem. Now Tom why would you want to use a ladybird deed? For the purpose of avoiding probate. If you do nothing yes, it's not going to be a lien by the nursing homes or Medicaid but when she dies it will require a probate process to get the home out of her name and into the names of her kids. The reason to use a ladybird deed would be to avoid probate when she passes away so that when she dies her home would go to your children automatically no headaches, no hassles, no probate. By the way, we've got a booklet on Ladybird deeds, don't we Chrissy? Chrissy: We do. We have a booklet and it explains and again thank you, Tom, because you wrote the booklet. It's a very easy reading and you can get our booklet if you call or text me your name, first name, last name, and your mailing address. We'll be happy to send you our free booklet and that again is 407-808-8398. You can text me your first and last name and mailing address and we'll be happy to send you that booklet. Attorney Tom Olsen: Or leave a message and leave your name and mailing address and we'll get the booklet out to you. The point is we don't need to call you back just give us your name and mailing address we'll get it out to you. Chrissy still has a lot of people come to us and say, "Tom, I've got a will and doesn't my home pass automatically to my kids when I pass away?" Well, the answer's no. There's nothing automatic about it. Having a will simply direct what happens to your assets when they go through probate. People these days are interested in avoiding probate because it's expensive and we've got some great simple easy tools for you to use to avoid probate and it starts by calling or texting Chrissy and asking for a booklet on ladybird deeds and easy ways to avoid probate. You want to get those booklets, you call or text Chrissy 407-808-8398. Tom, I hope I answer the question for you and my best wishes for your mother.