Will getting the house in our names prevent us from losing it? 1 Answers as of April 08, 2014

My Mom’s will says. A. "I give, devise and bequeath my life estate in the house located at TX to my son. He shall be able to remain in the home as long as he maintains the upkeep, taxes and insurance. If he cannot or will not maintain the property, then the house shall be sold and the proceeds shall go to the children and share alike." B. "I give devise and bequeath all the rest of my estate to my children, in equal shares, to share and share alike." The will was probated but the deed to the house remained in both my parents’ names. This was verified last week with a title search. My brother lived there until he died recently. He was on SSI. He was disabled both mentally and physically. My other brother and I were going to sell the house then we received a letter about recovering the costs of Medicaid services from the Texas Medicaid estate recovery contractor. Can they take the house away from us? Should we get the deed transferred to our names? Will that prevent us from losing it? What should we do? We only have 30 days according to the letter. Thank you.

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I'm unclear. Did the Medicaid Estate Recovery Program send the notice regarding the parent's estate or your brother's estate? You should speak with the lawyer who probated the will. The Medicaid Estate Recovery Program is a creditor, and you would use the debt classification system of the Estates Code. I just can't tell from the email which estate MERP is going after.
Answer Applies to: Texas
Replied: 4/8/2014
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