My elderly grandmother in Texas was on Medicaid for 8 months in NH, and went to the hospital 2 times before going to heaven. We figure her 8 months basic care cost at NH was around $34,000. She was in the hospital two times before dying.
Her home property tax value is $57.000., & her home still has not been sold--which will probably only sell as is for $48-$50,000. Needs some work, planning on selling as is. Executrix is putting house up for sell, if it sells will put proceeds into the estate bank account to wait to see if Medicaid is going to recoup any of their money. After being on Medicaid for 4 months, mineral rights money came to my grandmother. During the application processing Medicaid was notified that she had a mineral right lease for drilling, but $0 at time of application was processed. Four months after being on Medicaid, my grandmother received a royalty check for 7 months of oil/gas. Power of Attorney and to be Executrix notified Medicaid of this situation.
Does TexasMedicaid Recovery Program (HMS) have two years to come to estate for collection of money?
Does the executrix need to contact them or wait for their notice?
My Grandmother left a will, and it was probated I a timely manner with an attorney. There is an heir pushing the executrix that Medicaid will not come for funds and that the executrix is waiting too long to close the estate. She wants her $$$'s, even though she lives out of state and didn't help in care of her mother or her well-being while she was alive. Now, she is pushing her sister & acting like she is entitled to her money NOW. Has been of no assistance in helping do the labor of cleaning out grandparents house of over 42 yrs. Both grandparents are deceased.
We the children of the executrix who are standing behind our mother's handling of the estate as per law. At the time of death, our aunt hired her own attorney -- she did not agree with her sister that was named Executrix and had cared for my grandmother's well-being, health & bank matters, done her taxes for over 50 years . At the time of the reading of the signed will in presence of my grandmother's attorney there was a paragraph stating if anyone contest or fights the will they get $0. When she made this will in 2010; of sound mind, she had no money, just the basic Social Security check, and what we helped did in assisting that she have a decent existence after her husband died.
Had no mineral money come into the estate, my grandmother would have passed with about only $2,000 & her home, and any creditor bills owed.
A question do you have up to four years to close an estate, and if Medicaid doesn't make a claim on the estate --it could be closed now. If Medicaid comes for the claim on the estate, and there wasn't enough money in the estate bank account, who would be responsible to pay the debt? The Executrix or all heirs. There is 3 heirs, and one is the only child of his decease father who she will states he receives his fathers portion.
Oil division papers are now in the works to let the royalty checks be mailed directly to the heirs. Less paperwork, less BS from the sister, and unneeded pushing through phone calls and emails, and putting the Executrix down who doing a great job at being 81 herself.
Any information you can assist us with would be appreciated. I have researched and researched. Found your website last night which information on the forum was helpful information.