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My mother wasn't never in a NH, its been 4 1/2 years since she has passed away and I just finding out that MERP has a lein on my mothers house which was willed to me her daughter. The way that I found out was that the title company had to submit a form to verify if there was a case open and there was. Case balance is $44K value my my mom's house is $31, I am still paying county/school taxes and up keep on the house. I pay for utilties too. How long does MERP keep a lein on a home? What can I do?

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Medicaid Estate Recovery Program. Very helpful.
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Your mom applied for another state of TX program program that has MERP:
could have been an ICF/MR facility; a Medicaid Waiver program for home or community based services; STAR+ waiver; community attendant services; or some hospitalization or prescription drug costs. If you google TX DADS and MERP the list will be there. It is on TX DADS Form 8001, May 2011. She signed or someone on her behalf signed off an acknowledgement of MERP and she got a Medicaid benefit of 44K. The state has to do their best to recoup this cost.

Most MERP is done because of Medicaid NH payment as like 60 - 70 % of NH are paid by Medicaid - that why I assumed NH in your previous posts.

The lien has to be lifted by getting a certification release form from MERP. It will not just go away over time as credit card debt will. You can never get a clean title till that release is done. Now that is has shown up in the abstract or title search, you have to let any potential buyers know that there is an outstanding MERP lien. You have to disclose this in the property description too if it goes back on the market.

My suggestion is for you to send a very detailed letter to MERP with a list of all the expenses you can document on the house from the day she died to the date of the letter. State that you were unaware of MERP and to the best of your knowledge have never received an after death letter from MERP. MERP wants all the details - from a copy of the will that shows you are the heir and the property was willed to you (include a copy of the will); your state issued ID; if it went to probate a copy of the court proceedings; copies of cancelled checks that clearly show the check was for the house. IF a check was written for Jim Jones but it was actually for Jim Jones Plumbing, you need to send a copy of the receipt that clearly establishes that it was for a house expense. You may be able to have those costs deducted from the MERP tally. You may not, it's up to MERP to allow an after an expired time exemption. Most of the time, expenses on a home are deducted from MERP if the house is vacant and you have to let MERP know in detail those expenses within about 60 days of death.

MERP TX is at 800-641-9356. email: merp@dads.state.tx.us. Whatever you send to MERP make copies of and send it certified return registered mail or via fax that does a transmission report (like at a FedEZ/Kinko's office). You want it so that whomever at MERP can evaluate the situation in a single review. Realize that MERP wants to close cases just as you want to sell the house so there may be some negotiating opportunity. But maybe not. Be nice, as they are holding the lien so the power lies with them. Good luck.
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