Q: Texas Medicaid filed a claim in the Probate Court on my mother’s home and property as a way to recover the costs incurred by my father’s nursing home stay.
Will my mother lose her home? If she leaves the home and property to a child or grandchild, will they inherit the lien as well upon her death?
If the property is jointly owned with her child or grandchildren, can Medicaid still take the home and property?
A: In Texas, the laws of Estate Recovery allow the State to file a claim on your mother’s home in the Probate Court for reimbursement of any amounts paid by the State to help pay for care in a nursing home.
However, the general rules are that the State may not collect on the claim since your mother is still alive and residing in the home as her principal residence. The is an exemption, and the State loses the right to collect on the claim now and in the future, even upon your mother’s death, unless she was receiving Medicaid Benefits.
There are other exceptions to the right of the State to collect and the State allows protecting the Home by what is called an Enhanced Life Estate Deed or “Lady Bird Deed”, since it avoids probate.
Thanks, Richard
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