Legal Question in Wills and Trusts in Texas
Denial of Inheritance
My brother died in Texas leaving $100.000 in a bank. I
and my sister are the only close relatives. My sister is
on Medicare in a Nursing Home. If she inherites
$50,000 Medicare gets it all. How can I prevent that?
The bank will accept an Affidavite of Heirship, but both
of us must be listed. My sister has no children. Our
parents have been dead since the 70s. If she turns
down the inheritance, she could lose her Medicare.
2 Answers from Attorneys
Re: Denial of Inheritance
This is a situation where estate planning on the part of the deceased would have paid off. Right off hand, I can't see any way out of the dilemma, assuming that Medicare or the nursing home will get the full $50,000.
Re: Denial of Inheritance
Even without a will, probate is simple in Texas. It may be possible for your sister to file a disclaimer for her portion of the inheritance and it will then go directly to you, if you are the next in line for intestate succession. You need legal assistance for this simple probate process. This technique works for an untimely inheritance during a bankruptcy and will probably work to avoid the loss of Medicaid benefits and preserve the brother's estate. If you do not have an attorney, you are welcomed to contact me for a free initial consultation.
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