I was contacted by a title company regarding a invalid quit claim deed for my fathers house. He had originally put 4 heirs on the quit claim. When he needed a 2nd mortgage, the house was quit claimed back to him. Now that the state of CO is trying to take his property and placed him in a nursing home, they discoved that the quit claim by 2 heirs was invalid. Do we have to redo the quit claim, or do we have a legal right to the home. Can the state force us to redo the quit claim? The reason for quit claiming the house to the heirs was to keep the state from taking the hoime as father wanted to leave it for the heirs?

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Originally Posted by gloper

I was contacted by a title company regarding a invalid quit claim deed for my fathers house. He had originally put 4 heirs on the quit claim. When he needed a 2nd mortgage, the house was quit claimed back to him. Now that the state of CO is trying to take his property and placed him in a nursing home, they discoved that the quit claim by 2 heirs was invalid. Do we have to redo the quit claim, or do we have a legal right to the home. Can the state force us to redo the quit claim? The reason for quit claiming the house to the heirs was to keep the state from taking the hoime as father wanted to leave it for the heirs?

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No one else is jumping in on this and I think I know why - but here are my, probably unpopular thoughts.

Your father attempted to quit claim his property in order to avoid paying for his future medical care. Am I correct?

After he signed off on the property he needed a second mortgage so the property was quit claimed back to him.

Now the nursing home expects to be paid for his medical bills and you want to know if the State can do that and take away your inheritance? You believe the taxpayers should pay for his medical/nursing home care.

Do I have it right?

Speaking only for myself - why should the taxpayers pay for your father's medical treatment? So that a piece of real estate can pass to his heirs? If this was his wish he should have transferred the property legally - and deeding it out and taking it back is not legal.

No one here is going to help you defraud the Government.

The key here is the timing. I believe the state can go back 5 years to see if assets were transferred to avoid being taken to pay medicare expenses.

So, if the last quit claim was done less than 5 years ago, the state can void it. Also, if there was a lien on the property (first and/or second mortgage), then transfer of the property without paying the lienholders could void the transfer or be considered fraud.

This site does not allow or condone illegal activities and it certainly appears like that's what you are trying to do.