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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.
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