Legal Question in Real Estate Law in Texas
This concerns Medicaid and transfer of property in Texas..
My mother was approved for Medicaid on November 1,2003 to help pay for the cost of nursing home care which will be necessary for the rest of her life,she is now 81...According to my internet research there is no homestead estate recovery for persons approved before March of 2005...
The homestead is a 121 acre piece of property which still retains 65 acres of the mineral rights...
These mineral rights were leased on April 24,2006 with the documents being drawn up as this..
1/3 of any income going to my mother and the other 2/3 going to the 3 children equally between them,my father has already passed away..The property was passed down thru my fathers family only..
There are two separate deeds to the property,one tracts deed hadn't been updated since 1924 and the other tract since 1954,no owner on any of these deeds was still living,the oil company requested that we file an affadivit of heirship with the county to transfer the property into the childrens names only which was done 1 month after the oil lease was signed,the lease was also subsequently renewed as original and has another 19 months on it...It is in the combo play of the Barnett Shale in North Texas and it will be drilled on fairly soon ,I would estimate 1-3 years.........
EOG the oil company got an easement for a water pipeline on the land recently and they of course researched the deed and they tell me everything is proper and the land shows the 3 children only as owning the land,each with an undivided interested ..The taxes come in my sisters name et.el.
Was it legal according to Medicaid rules for us to transfer the homestead property,acquired thru my fathers side of the family to the 3 children,that would also transfer the ownership of the mineral rights solely to us also..
Does my mother retain some type of lifetime estate and would be entitled to any oil royalties,which of course would then go to pay for the nursing home and no longer be eligible for medicaid or should the order of division,payment of oil royalties,be changed to reflect only the childrens names,leaving her with no income from the mineral rights and thus ok with Medicaid income provisions because her Social Security and pension income fall about 1800.00 a month short of the cost of the nursing home...
I should add that my sister has lived at home all her life,still does ,and according to some Medicaid rules I have read if that was necessary to keep the person from going on Medicaid sooner then it allows property transfer in some way there.
I have searched every way I possible can on the internet and cant find anything referring to this.So thought I would start with you to try and get some grip on the situation,,I'm sure I will need a personal attorney before I'm finished but need a feel of the situation...
If we transferred the property improperly according to Medicaid we will just let sleeping dogs lie and let the money go to her until her death...but if we can change it all over to the 3 children only of course it would be a lot better for us...
Hope you can shed some light on it for us...
1 Answer from Attorneys
There is much more to this that what is in your lengthy question. How your mother is vested is very important. For example, did your dad's family have a trust which would assure that the land passed within his family? And there are many other issues. I do know that regarding your sister, an exception is made for a DISABELED adult child only. Your best bet is to contact an Eldercare attorney in your area. Best of luck.
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