Legal Question in Wills and Trusts in Texas
My mother-in-law lives in San Antonio, Texas and is dying from throat cancer. She is considering hospice that will be paid by both medicaid and medicare. She wants to leave her 3 bedroom one bath house to her only son. She has no othe property except a 1999 Dodge Mini-Van. Question: Can medicaid legally take away the house from her son if the house is left to him in a will and he decides to sell the house?
Asked on 7/05/10, 10:43 am
1 Answer from Attorneys
Cheryl Rivera Smith
The Smith Law Firm
Once Mom is on Medicaid, she has pledged assets against services received. If value of the house is less than benefits received, then son will reach an agreement with Medicaid as to sale and split of proceeds. Medicaid is a Federal program and the Federal government trumps all.
Answered on 7/07/10, 3:50 pm
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