Let The Woodlands Elder Lawyers Help You
According to the Texas Medicaid Estate Recovery Program (MERP), the state may file a claim against the estate of a deceased recipient for the purpose of reimbursement of funds. If a MERP claim is filed by the state, families often attempt to arrange their loved one’s financial affairs to avoid losing property or other assets.
At Dossey & Jones, PLLC, our The Woodlands elder law attorneys represent Medicaid recipient family members who seek to protect family assets from Texas MERP claims. We have a thorough understanding of Medicaid rules and regulations to provide legal assistance with Medicaid planning and asset protection.
What is Considered an Estate?
In regards to MERP, “estate” includes all real and personal property that is subject to probate. Real property includes a home or other real estate, while personal property includes cash, cars, and other personal property.
However, an estate does not include assets which pass directly to the beneficiary, such as retirement accounts, pensions, insurance policy proceeds, and back accounts paid on death or with right of survivorship. In addition, if collection would result in an undue hardship, you can apply for a hardship waiver.
A hardship waiver may be granted if:
- It would cause the heir(s) of the deceased Medicaid recipient to lose their main source of income (at least 50% of income)
- It would cause the heir(s) of the deceased to be eligible for public or Medicaid benefits, or would render the heir(s) ineligible for benefits they already receive
- The property is a homestead and gross family income of heir(s) is below 300% of the federal poverty level
- The property subject to the claim makes at least 50% of the heir(s)’ living
- The deceased recipient obtained Medicaid benefits due to being a victim of a crime
- “Other compelling reasons” to grant a waiver, according to the Texas Department of Aging and Disability Services (DADS)
Ready to Help You Today!
If the state filed a MERP claim against your loved one’s estate, we are ready to provide the legal assistance necessary to obtain the most favorable outcome. Our elder lawyers serve clients throughout Texas, including Montgomery County, Harris County, surrounding areas such as The Woodlands, Houston, Spring, Conroe, Huntsville, Tomball, and Montgomery.
Contact us and schedule a consultation today.