Legal Question in Real Estate Law in Texas
inherited land
My dad (along with his siblings)inherited approx. 100 undivided acres from his father. My father died (no will), and left his part to my mom, brother and me. My mom has about 6 of his 12 acres. She is going to need assisted living in the next month or so and probably Medicaid by the end of the year. Two yrs ago the land was valued at $1,000 per acre. Since Medicaid states a person cannot have more than $2,000 how can she get her name off as one of the owners of the land? Can she sell it? If so, does it have to be split by all the surviving heirs of all my dad's siblings? I don't know what to do to help my mom get financial help so she does not have to live alone. She is in poor health. Thank you for any advice.
3 Answers from Attorneys
Re: inherited land
Medicaid has a 5 year lookback period. Mom can sell the land to one of you for $6,000 - $12,000 or whatever the present value is (use the tax rolls). Keep a copy of the information for the audit. Medicaid will require her to use all but the last $2,000 of her cash before receiving the benefits. However, she can use the proceeds to supplement her present living expenses or pay bills until she goes on Medicaid. You need to disclose everything and the Medicaid caseworker will counsel you on the benefits your mom will receive.
Re: inherited land
Your mom needs to do some planning, as she will not qualify as things stand right now. You may also have a title issue that needs to be addressed before you begin your planning.
Re: inherited land
Your mom needs to do some planning, as she will not qualify as things stand right now. You may also have a title issue that needs to be addressed before you begin your planning.
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