My father owned the current farm before him marrying my step mother and he passed away a few years ago. His name cannot be taken off of the farm, because he did not leave a will and my brother did not take his estate thru probate. My step mother can not get a clean deed for the land, because I will not Quick Claim my share. Can the state still take this farm?
States generally have laws for people who die intestate (without a will) specifying the order of asset distribution.
It sounds as if there are some family issues as well as the title issue. I assume you won't quit (not quick) claim your interest for various reasons, including that you don't want your stepmother to have the property. So apparently you were one of the heirs, or were named on the deed jointly with your father? It sounds also as if the property became yours after your father's death, by virtue of holding joint title with him. Further, that your stepmother wants to remove you from ownership but you don't agree?
I'm just trying to read between the lines here to figure out the situation.
I'm not clear on why the state would acquire the property. Was your father on Medicaid?
Check this out: it addresses Missouri laws on the assets of someone who dies intestate. You can also google "Missouri intestate laws" to get more information.
http://www.moga.mo.gov/mostatutes/stathtml/47400000101.HTML
But I think the issue is more between you and your stepmother, so we can't really answer thoroughly without some knowledge of that situation as well as whether or not your father was getting Medicaid.
Whatever the case, there's intestate death & lineal heirship issues and then the possibility of stepmom being ineligible for Medicaid due to the QCD done. Plus the whole sticky of QCD not being a guarantee of ownership & also it seems you never went to the courthouse to register the QCD as the deed is still in their names. You all need an attorney.
I'd guess that what is probably going to happen is if the property shows up tax assessor records as an asset owned by her & your dad, then if she applies for Medicaid (Medicaid NOT Medicare) - which is a state program (Medicare is federal) the farm if that is her homestead will be an exempt asset during her lifetime but when she dies, Medicaid is required to do estate recovery to offset the costs paid for her care. This is the MERP program and all states have to have it in place. Each state runs MERP uniquely & very much interdependent on the states laws on probate, property rights, etc. If the farm is not her homestead, then it's an asset & will need to be sold with the proceeds down as her spend-down before Medicaid will pay.
You never filed the QCD?
Sounds like you need to find someone local to answer your questions. Seek out the local extension agent, county clerk, who could direct you to a pro bono (free) legal workshop. Here is a link to an ag probate flyer I found online:
http://agebb.missouri.edu/agtax/issues/estgift/probate.pdf
It does sound like Missouri requires probate to settle estates. Keep us posted.
As to a filing deadline with the local probate court, just call it and ask about a deadline to file for an estate.
Also when their at the NH they must pay their income to the NH as their SOC (share of cost). This places another fun! problem, in that stepmom will have no - none - nada of her income to pay on anything on the farm from here on out. Someone within the family will have to pay all the costs on the house now an till death and then through the probate process. Taxes, maintenance, insurance etc. It adds up. For most, property gets sold within the first few months of their being in a NH.
So Tex, who is gonna pay for everything on the farm from now on? Really you need Missouri legal to figure out just where you & stepmom are in legal ownership asap & before too much $$ & time passes.
I'd be concerned that if the QCD was never filed at courthouse, so that the property has been like forever in your Dad's & stepmom's names, that it's basically without any standing. QCD is not a warranty deed and there is no guarantee of ownership like in a warranty deed.
Tex are you on good terms with whomever is doing the paperwork for step-mom? Doing things with ownership at any time from now to 5 years back, will have an eligibility problem for her. Probably with a transfer penalty. If you all are not at all kum-ba-ya to begin with, this could get quite ugly.
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