Mom passed in June. Mom was 94 in 2011 when we did the Quit Claim. QC giving her 32.000 and home to my brother in 2011. Feb 2013 she fell broke her hip ended up in NH. Mom owes 40k for NH. She did not qualify for Medicaid, her Railroad Ret/SS was going to NH. Medicaid told me to reverse QC and do Life Estate, making my brother the remainderman, we did and she became medicaid eligible in July 2013. She passed away July 2014 at 97 years old. Can MERP keep her home? We live in Texas, Atascosa county. Thank you.

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Since the rules on estate recovery vary from state to state, I suggest you call the Texas Department of Aging and Disability Services (DADS) toll-free at 1-800-458-9858. This line is answered 8 a.m. – 5 p.m., Monday through Friday. Voicemail is available 24 hours a day. You may also visit the DADS website at
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Work with Medicaid and not against them. They will use a Life Estate calculation and keep only the amount specified by law. Should you oppose them, they will sue and they will win.
Our mom has a life estate, she is in AL and the house is rented out. We were told that she is entitled to the net rental income, that is the law. So we send that amount for her care.
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Well, Answer #1 is the Best Answer.

But a Life Estate, by virtue of its name, would, I assume, give your brother the right to live in the house for the remainder of his life. After that? I believe Medicaid would lay claim. They've probably already leined it.

'Course I'm not an attorney, so this is classified as a WAG. That'd be Wild-A*****-Guess. ;)
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