Legal Question in Wills and Trusts in Texas

Re: DADS Estate Recovery

Timing is critical. The heirs must submit a request for undue hardship waiver within 60 days of the date of the Notice of Intent to File a Claim. Medicaid regulations change often, so you should make sure this deadline hasn't been shortened.

The 1/5 allocated to the heir who is not below 300% poverty level will still be subject to estate recovery, but perhaps DADS will consider $7,000.00 to not justify the expense of prosecuting the claim, since there is some talk of an estate under $10,000.00 being too low.

You must act fast to preserve the home for the heirs. It sounds like it can be done.

Re: DADS Estate Recovery

It depends on wheter the house is Dad's homestead and on the other allegations. Poverty level has nothing to do with entitlements.