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socrateaser
socrateaser, Attorney
Category: Estate Law
Satisfied Customers: 37960
Experience:  Retired (mostly)
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I already did re: my sister being on Medicaid. She's

Customer Question

I already did re: my sister being on Medicaid. She's unwilling to stop receiving Medicaid. I just want to follow the wishes of our father's will; divide equally among his daughters share and share alike. What if any liabilities would I be incurring?
Submitted: 11 months ago.
Category: Estate Law
Expert:  socrateaser replied 11 months ago.

Hello,

Under Texas Medicaid regulations (E-3372), after Aug. 11, 1993, a disclaimer of inheritance may result in a transfer of assets penalty regardless of the date the disclaimer is signed or effective.

Ordinarily, a disclaimer of inheritance operates to nullify the transfer of an inheritance to an heir/beneficiary. However, under Texas law, the ordinary operation of the disclaimer does not prevent the heir/beneficiary from being penalized for the receipt of assets which would have otherwise been countable resources for Medicaid purposes.

Consequently, your sister cannot avoid taking the inheritance/benefit of the estate, because she will be penalized by reduced Medicaid benefits regardless of her decision.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

Expert:  socrateaser replied 11 months ago.

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer -- otherwise I receive nothing for my efforts in your behalf.

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