If my mother had a Trust done which included some real estate, will it take precedence over previously executed quit claim deeds that were notarized but never filed?

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If my mother had a Trust done which included some real estate, will it take precedence over previously executed quit claim deeds that were notarized but never filed?

I have found quit claim deeds made out to all of her children done16 years ago; the Trust was established 8 years ago. The deeds were notarized but not filed with the county. If filed now, would they override the Trust and be legal? If so, would that property be exempt if she applied for Medicaid?

Asked on September 24, 2014 under Estate Planning, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Please go and sit down with an attorney that specializes in medicaid.  First of all the deed is still valid even if never filed. They could still be filed today (but I would have an attorney look at them to make sure they are properly executed).  The issue then becomes the second deed that transferred the property to the Trust.  If Mom did not own the property at the time of transfer then logically that deed is not valid.  But was it filed?  You may have a fight on the horizon with medicaid.  Get help.  Good luck.  


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