Being that I don't have any of my mother's documents. I need to get a copy of the original application that started the effected for Medicaid. Does anyone know if there is a statau of limitations with MERP for how long they can come after a deceased person?

Thank you for all your assistance. D

This question has been closed for answers. Ask a New Question.
Another thing, if you are planning on selling the house on the open market. Whether it's by using a Realtor or FSBO, you have to let the prospective buyers know there is a MERP claim or lein on the property. Just like if you know, there are foundation issues or the water heater doesn't work, it has to be disclosed. There is a state standards multipage form for this. If you don't and there is a glitch in closing, then the buyers can come back to you for all costs lost until the MERP claim or lein is released. This isn't pretty. For most Realtors, you are toast until the claim or lein is gone and they will want a copy of the paperwork filed.
Helpful Answer (1)

The NH usually did the intake of the application and usually the NH sends it up to the state DHHS Medicaid department along with their bill. I'd contact the billing or business department of the NH she was in to see if they have it still. They can charge you a research fee for doing this.

GOrtiz - you're in TX, correct? About MERP, the forms are all on TX DAD's site (TX Health and Human Serivices Division for elderly). If mom applied for TX Medicaid after 2004 (I think could be 2003 or 2005), then MERP is in effect. They do NOT need to sign off agreeing to MERP. MERP is an acknowledgement of fact type of compliance. If you get Medicaid, you are under all Medicaid rules which means MERP can be done. MERP is a federal requirement for states to get Medicaid for NH $$'s.

When she died a MERP inquiry letter was sent to whatever address was on file for mom's representative or could have been sent to the property. MERP in TX is done by HMS and they are very exact and no-nonsense. You have basically 30 days from that letter to do a MERP exemptions filing. MERP has to decide whether to even do a MERP claim or lien, and that is what the letter is about. It gives MERP the ability to decide against doing a claim or lein. If it appears that the house has a relatively low assessment and there are exemptions to the degree that it isn't worth the time for MERP to go through the legal probate court process to have the MERP claim placed in probate, then MERP can decline to do a claim. The 30 days gives you time to file for exemption(s).

It's the sort of situation of say the house is assessed at 58K, you have 30K in documented MERP exemptions and houses are taking 8 months to sell. So at the most, if the house sold Day 1 it was on the market, the most MERP could get is 26K due to Realtor and closing costs. But you have told MERP, that no family will be buying the house (private transfer) and it will go on the market via a Realtor and you will be spending additional 6K to get it market ready. MERP will likely do a release because the property isn't going to be worth cost / benefit required legally.
Time is better spend on a higher value property. But if they want to spend the time and court costs for a 20K max pay out from a property on the market for months, they can.

If you do nothing, then MERP assumes their claim or lien is valid.

Now how did mom die?
Did she die "intestate" or did she die with a will?
This will make a huge butt difference legally. In Texas, if she died intestate, then all her property becomes acceded to the state as owner until proved differently. If you don't do what is needed to open probate, then the state will probably consider her to have died intestate. In TX if she died intestate, then the state really can determine what happens as they are the owner till proven otherwise.Then you have to prove your lineal heirship &/or take her will and open probate.

TX allows for 4 years for probate to be open - that is long, long time.

MERP isn't like credit card debt which has a state of limitations. MERP isn't a claim on the person, she's dead and her debts died with her. MERP is a lien or a claim on the property. It will have to be lifted in order for the property to be sold or given with a clear, clean title. It is kinda like a mechanic's lein on a property, once it's there it can't go away without some sort of payment and then get a release which is filed. The MERP claim or lein cannot be more than what the property is listed for in the assessor's database.
They may tell you the full amount that Medicaid spent on mom but if house is assessed at 58K then 58K is the max MERP can get if the property sold or gifted privately within family.

Once you get a MERP release (I think you need an attorney to work with you on this, unless you are really good on negotiations and have bought/sold property and understand the different type of deeds and feel comfortable in courthouse), then you can get a Muniment of Title done to have the property sold and titled. Muniment is kinda like "probate low carb" and runs a few hundred dollars to do. There are specific requirements as to whether a Muniment can be done and also for the sequence of the sale or transfer of the property and a couple of court appearances of the pay a fee and get document stamped sort. But Muniment can be done by an individual, in my opinion, if you are comfortable in dealing with a courthouse. Good luck.
Helpful Answer (1)

This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter