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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33746
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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In Texas if my dad put s house in my name two years ago, and

Customer Question

In Texas if my dad put his house in my name two years ago, and I do not file for Medicaid who will? And if I was taking care of him during this two year period in his house while I had homesteaded this same house during this same time with my wife and child, and he just went to a nursing home, will we lose our home?
Submitted: 5 months ago.
Category: Estate Law
Expert:  Barrister replied 5 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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In Texas if my dad put his house in my name two years ago, and I do not file for Medicaid who will?

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If no one pays for his nursing home costs and no one files for Medicaid to assist, then the nursing home will legally evict him through the courts and the local sheriff will have to force him to vacate the property.

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And if I was taking care of him during this two year period in his house while I had homesteaded this same house during this same time with my wife and child, and he just went to a nursing home, will we lose our home?

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You would have to apply for a "hardship waiver" and then provide proof that you took care of father at home, thereby delaying his entry into a nursing home so the state wouldn't have to pay for it. According to the TX Dept of Aging:

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Also, the state will not ask for money when this would cause an undue hardship for the heirs. The state may consider it a hardship when:

  • The estate property was a family business, farm, or ranch for at least 12 months before the person on Medicaid dies, and is the main source of income for the heirs.
  • The heirs would need financial help from the government if the state filed a MERP claim to get money back.
  • The heirs could stop getting financial help from the government if the state did not file a MERP claim.
  • The person who died received services because he or she was a crime victim.
  • There are other circumstances that may create a hardship.

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thanks

Barrister