How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask socrateaser Your Own Question
socrateaser, Attorney
Category: Estate Law
Satisfied Customers: 38910
Experience:  Retired (mostly)
Type Your Estate Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

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: 1 year ago.
Category: Estate Law
Expert:  socrateaser replied 1 year ago.


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 1 year 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.