The beneficiary takes subject to TennCare claims
The Act expressly says that, subject to identified property and recording rules, the beneficiary takes the property subject to conveyances, encumbrances, assignments, contracts, mortgages, liens, claims of the Bureau of TennCare for medical assistance, and other interests to which the property is subject at the transferor’s death. That language is the key reason not to market the deed as a Medicaid-recovery shield. Tennessee Uniform Real Property Transfer on Death Act
TennCare’s public estate-recovery page says the agency seeks recovery after death for qualifying CHOICES members age 55 or older, subject to waivers and undue hardship. The public page does not label the state’s recovery scope as “probate-only” or “expanded,” so the statutory preservation of TennCare claims deserves individual legal analysis. TennCare Estate Recovery Tennessee Uniform Real Property Transfer on Death Act
Recording and transfer timing still matter
A Tennessee Attorney General opinion explains that a deed generally must be registered in the county register’s office to be effective against strangers, including TennCare; an unregistered land conveyance can leave the property treated as still owned by the seller for recovery purposes. The opinion predates the TOD Act, so it is not a substitute for current TOD-deed advice, but it illustrates why recording cannot be an afterthought. Tennessee Attorney General Opinion 04-161
Title, beneficiary designation, existing mortgages, creditor claims, estate recovery, and whether a transfer occurred for Medicaid look-back purposes are separate questions. A deed may avoid one probate step while still leaving other legal and benefits consequences. Tennessee Uniform Real Property Transfer on Death Act TennCare transfer policy
Use a deed only with Tennessee-specific review
A TOD deed can be relevant when an owner wants property to pass at death, but it should be compared with a will, revocable trust, retained life estate, and other available approaches after reviewing title and the owner’s long-term-care outlook. The actual document and recording should be reviewed by a Tennessee real-estate and elder-law attorney. Tennessee Uniform Real Property Transfer on Death Act Tennessee Attorney General Opinion 04-161
For Medicaid, the safest description is narrow: Tennessee has a TOD-deed statute, and the statute preserves TennCare claims attached to property. It is not evidence that a TOD deed prevents eligibility review, transfer penalties, liens, or recovery. Tennessee Uniform Real Property Transfer on Death Act TennCare transfer policy
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