Legal Question in Wills and Trusts in Texas
My dad passed away 11-11-10 and we have not probated his will as of yet. We had to place my mom in a nursing facility with Alzheimers Disease and are in the process of trying to get Medicaid for her to help with her expenses. My dad left his half of their house to my brother and me, but the other half naturally belongs to my mom. My first question is what is the deadline for probating my dad's will - I have heard 2 years and am now hearing 5. The second part of that question is if there is any benefit to waiting as long as possible to probate his will? Thank you so much for your time and I hope this will help somebody else as well.
1 Answer from Attorneys
My understanding is that wills should be probated within 4 years from the date of death. However as to real estate, a will can be probated as a muniment of title after that period elapses.
In terms of actual ownership, title is deemed to pass from your dad on the date of his death.
You need to consult a probate attorney who specializes in medicaid. Medicaid issues are complex.
Generally, Medicaid considers two issues, income and assets. Certain assets are exempt such as the homestead. It is not clear to me whether your dad's gift of his half of the house to you and your brother destroys this exemption for your mother. You and your brother may want to consider disclaiming that gift.
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