I think we need a quit claim deed?

[rolfe16]

My husband and I are in our sixties. The deed to my husband's house is in his and his daughter's name with rights of survivorship. My husband is concerned that if he has to go into a nursing home in the future, it would force the sale of the house and the nursing home would claim it for his expenses.(We would not be able to pay privately) I know that property has to be transferred about 5 years prior to going to a nursing home. Should we do a Quit Claim deed as the best and least expensive way of transfer. Also, can "conditions" be put in a Quit Claim deed i.e. My husband wants to live in this property until he dies and also wants the property to be sold upon his death to cover obligations with his daughter then getting the remaining monies from the sale of the property. His daughter has no desire to live in this property now as she resides with her family about 100 miles from here. My husband just wants a way to protect this asset from confiscation by a nursing home or care facility in the future as it is his only big asset he has to leave to his daughter. The house is totally paid for with no mortgage, equity loan or any other encumbrance. The property is in the State of North Carolina.

[voliny13]

You would really need to talk to a lawyer in SC. A quit claim on the deed where the original owner is still benefiting from the asset may not fully protect the asset. It might be better to 'sell' the house to his daughter and draw up a long term lease where he reimburses her for taxes and expenses and takes care of the utilities himself. Again, talk to a lawyer.

[trucker]

Easy. Only a lawyer can draft a deed in NC. Start wit a visit to a local real estate atty.

[ricki]

So what you're saying is that your husband wants to screw the taxpayers of the State of North Carolina so that his daughter can profit? Who do you think will pay his care costs other than the citizens of the state?

Nice.