Legal Question in Wills and Trusts in Texas

grandmother passed in a nursing home. had three chilldren and no will. medicaid has issued notice for estate recovery. her late husband and all three children are native americans on a recognized tribal role. grandma was not native. is the estate exempt from estate recovery?


Asked on 3/26/11, 2:45 pm

1 Answer from Attorneys

These cases tend to be fact specific. With regards to the Medicaid Estate Recovery Program (MERP), MERP guidelines are based on the statutory exemptions. The most common exemptions deal with estates that are too small, too difficult or there are surviving heirs (spouses or disabled children) remaining in the homestead. You need to speak with an Elder Law attorney about this.

Dave

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Answered on 3/26/11, 4:48 pm


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