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I have a deceased grandmother who I taken care of for the…

Customer Question
I have a deceased...

I have a deceased grandmother who I taken care of for the past few years. She has four children and they all have their own families and live out of town. They have all agreed that I should be the one to inherit my grandmother small house that we lived in together. What steps do I need to take to make that happen?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Texas

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The house is paid for and property taxes are all caught up. She was what on Homestead exemption. And she was elderly, so she was receiving Social Security and on Medicaid.

Submitted: 10 months ago.Category: Real Estate Law
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Answered in 1 minute by:
11/18/2017
Real Estate Lawyer: Lane, JD, CFP, MBA, CRPS replied 10 months ago
Lane
Lane, JD, CFP, MBA, CRPS
Category: Real Estate Law
Satisfied Customers: 15,195
Experience: Advising Businesses and business owners for 30 years
Verified

HI, MY NAME’S LANE - I hold a law degree (J.D.), with concentration in Tax Law, Estate law & Corporate law, an MBA in finance, a BBA, and CFP & CRPS (Chartered Retirement Plans Specialist) designations, as well - I’ve been providing financial, Social Security/Medicare, estate, corporate, non-profit, and tax advice 1986.

If you’ll please bear with me for a minute I’ll type up my initial response, and then we can go from there if you have further questions on this.

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Real Estate Lawyer: Lane, JD, CFP, MBA, CRPS replied 10 months ago

Under the laws of intestate succession (I'm assuming that there was no will), the property will automatically go to certain family members based on your state's intestacy rules.

...

What they can do, once the probate court (probate court handles both willed estate and intestate estates) titles the property according to the state's laws of intestate succession, those that inherit can do what's called a quit-claim deed to sign the property over to you.

...

Now, one other issue is that Medicaid may try to recover the house. Under Medicaid law, following the death of the Medicaid recipient a state must attempt to recover from his or her estate whatever long-term care benefits it paid for the recipient's care. States also have the option of recovering all Medicaid benefits from individuals over age 55, including costs for any medical care, not just long-term care benefits.

...

However, if this was your residence as well, you may be exempted.Can you tell me what state you're in? Also whether or not your grandmother was in a nursing home paid for by Medicaid?

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Customer reply replied 10 months ago
We live in Texas. And she went to a nursing home only for about three to four months because of a surgery she had to have. It was for rehabilitation. She did stay with my sister for a while after that who is a nurse, and we felt that she would be better to tend to my grandmother because of her profession. But I was still staying at the home.
Real Estate Lawyer: Lane, JD, CFP, MBA, CRPS replied 10 months ago

See this from Texas HHS:

...

"Are there times when the state will not ask for money back?

Yes, the state will not ask for money when:

  • There is a spouse who is still alive.
  • There is a child under 21 years of age.
  • There is a child of any age who is blind or permanently and totally disabled under Social Security requirements.
  • The value of the estate is $10,000 or less.
  • The amount of Medicaid costs is $3,000 or less.
  • There is an unmarried adult child who lived full-time in the Medicaid person’s home for at least one year before this person died.
  • The cost of selling the property is more than the property is worth.

Also, the state will not ask for money when this would cause an undue hardship for the heirs."

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Real Estate Lawyer: Lane, JD, CFP, MBA, CRPS replied 10 months ago

Also from Health and Human Services:

...

"One type of hardship applies just to the home. If the value of the homestead is under $100,000, and if one or more of the heirs have family income under a certain amount, the state may not ask for money back. In 2017, this income limit for one person is $36,180. For a family of two, it is $48,720. These figures are adjusted each year.

The state will not grant a hardship request unless the person’s heirs ask for it, and provide the requested proof of the hardship."

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Real Estate Lawyer: Lane, JD, CFP, MBA, CRPS replied 10 months ago

How else can I help?

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Customer reply replied 10 months ago
The house is worth about $30,000, I am married, and none of the other ones apply other than the fact that Medicaid wants to claim $38,000 in medical expenses, so doesn't that mean the property would cost more to sell than the property is worth?
Real Estate Lawyer: Lane, JD, CFP, MBA, CRPS replied 10 months ago

It does. I'd simply be proactive and call them to show other expenses of the estate and/or anything else to show that this might be more costly to pursue than what they would collect net of their legal costs.

...

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Customer reply replied 10 months ago
She didn't have any other debt. Other than medical expenses That Medicaid covered. She did have a child that did service in the military. Does that matter at all?
Real Estate Lawyer: Lane, JD, CFP, MBA, CRPS replied 10 months ago

Likely not. Not if that doesn't translate to hardship.

...

What this will turn on is the value of the house being so low. HHS in all states that I'm are of (just as with taxing authorities) use what's called a "total facts and circumstances" test.

...

This might be what they would call a Di Minimis amount (again, more costly to pursue than worth, given the personnel costs, the legal notices required, selling costs, etc.)

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Real Estate Lawyer: Lane, JD, CFP, MBA, CRPS replied 10 months ago

Did you or someone get the NOI? (Notice of Intent to File a Claim)

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Customer reply replied 10 months ago
I am unsure if my military uncle has a income of less than Forty-Eight thousand the tween him and his wife. So, are you saying my best option would be to show the value of the house and land is worth the $30,000 and send that to Medicaid? Or two who would I send that information to?
Customer reply replied 10 months ago
Are u still there?
Customer reply replied 10 months ago
It came to the house under my grandma's name. The NOI...
Real Estate Lawyer: Lane, JD, CFP, MBA, CRPS replied 10 months ago

Call the number on the NOI and ask them what to expect.

...

OR you can reach HHS here: (###) ###-####/p>

...

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Real Estate Lawyer: Lane, JD, CFP, MBA, CRPS replied 9 months ago
Hi -just checking back in to see how things went.Any new news?
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