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ANDREA,
ANDREA,, Lawyer
Category: Family Law
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Experience:  25 yrs Family Law, Real Estate & Business Law, Criminal Defense, Immigration, Employment Law
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If your sponse is on Medicad and you are asked for a financial

Customer Question

If your sponse is on Medicad and you are asked for a financial statement to continue benefits, do you have to disclose that you have property, if it is in your name , not your spouses?

Can Medicad put a lien on that property to secure payment of bills if the partner is 65 and over?
Submitted: 3 years ago.
Category: Family Law
Expert:  Phillips Esq. replied 3 years ago.

Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.

 

 

 

Question: If your sponse is on Medicad and you are asked for a financial statement to continue benefits, do you have to disclose that you have property, if it is in your name , not your spouses?

 

Response 1: Yes, because Texas is community property. Assets acquired by one spouse during the marital are community properties regardless whose name is XXXXX XXXXX properties. Unless the property in question was acquired before the marriage and therefore separate property of the spouse that acquired it, then the property does not have to be disclosed.

 

Can Medicad put a lien on that property to secure payment of bills if the partner is 65 and over?

 

Response 2: Yes, however, Medicaid usually puts lien after the recipient has passed away for recoupment of benefits paid, and not before. Again, the lien would be put if the property is a community property, but not if the property is a separate property.

 

Customer: replied 3 years ago.
If the land was inherited by the spouse from parents and then given as a gift, does that change the lien process?
Expert:  Phillips Esq. replied 3 years ago.

I am don't quite follow. Kindly restate?

 

"If the land was inherited by the spouse from parents and then given as a gift, does that change the lien process?"

Customer: replied 3 years ago.
The spouse in the nursing home inherited the property from his parents, then gave the property as a gift to his wife. It was separate property, before they were married. He is 96 and she is 65 , his second marriage.
Expert:  Phillips Esq. replied 3 years ago.

Thank you. The property would be considered separate property pursuant to Texas Family Code Section 3.001 and thus may not be subject to Medicaid Recoupment or lien.

 

 

http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.3.htm

 

 

Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 13072
Experience: B.A.; M.B.A.; J.D.
Phillips Esq. and 6 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.
Are you telling me that because it was separate property and given as a gift then she is ok with not reporting it?
There is 1 ac and a house that is under his name /homesteaded. Is that safe?
Can she sell the property, 30acres, or gift it?

What documents does she need right now to protect her interest? There are none. He controlled all the monies and never let her know what was going on.
Expert:  Phillips Esq. replied 3 years ago.
I am involved in another case right now.

So I will opt out and give other Experts the opportunity to comment on your case.
Expert:  ANDREA, replied 3 years ago.

Hi, My name isXXXXX am a licensed, practicing Attorney and since the other Expert opted out, I would like to help, if I may

 

The answers the other expert gave you were totally correct. Texas is a community property state and, therefore, any property acquired by either party during the marriage, regardless of whose name is XXXXX XXXXX deed or title is considered community property in which both souses own an equal share. The only exceptions to this rule are gifts and inheritances which remain the sole, separate property of the recipient spouse.

 

Therefore, if the 1 acre with a house on it and the 30 acre property were acquired during the marriage, it is community property and belongs to both of them. The wife, therefore would not be able to sell, transfer, dispose of, or give these pieces as a gift without the signature of her husband.

 

Kindly press the "ACCEPT" button so that I receive credit for helping you, otherwise I will not get paid

ANDREA,, Lawyer
Category: Family Law
Satisfied Customers: 11851
Experience: 25 yrs Family Law, Real Estate & Business Law, Criminal Defense, Immigration, Employment Law
ANDREA, and 6 other Family Law Specialists are ready to help you

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ANDREA,
ANDREA,
Family Lawyer
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25 yrs Family Law, Real Estate & Business Law, Criminal Defense, Immigration, Employment Law