Medicaid claims against estate Probate Lawyer in El Paso, TX
Texas Medicaid Estate Recovery Program can file a claim against the deceased Medicaid recipient for reimbursement of funds used to pay for a nursing home or medical bills. Families handling any financial affairs of their loved one can lose property or assets. Hiring a lawyer can help protect your loved one’s estate. The Law Office of Steve Ortega, PLLC, has several years of experience assisting El Paso families in these situations.
What is the Medicaid Estate Recovery Program (MERP)?
Through the Omnibus Debt Reconciliation Act of 2003, the State of Texas can be reimbursed for any money spent on a Medicaid recipient for healthcare costs. The Medicaid Estate Recovery Program must go through probate court to file a claim against the decedent. The possibility of losing the assets or property after your loved one passed is a challenging situation to be in. The Law Office of Steve Ortega, PLLC, has handled many MERP cases and can help your family if a claim was filed against your deceased loved one’s estate.
When can a claim be filed against an estate?
Suppose the decedent was provided nursing home or long-term facility care or in any waiver programs. Texas Medicaid Estate Recovery Program (MERP) can file a claim if the decedent applied for benefits on or after March 1, 2015, and was 55 or older.
Conditions in which Texas will not seek recovery, including the following:
• The decedent has a surviving spouse.
• The decedent has a surviving child under the age of 21.
• The decedent has a surviving child who is permanently disabled.
• An unmarried adult child resides in the decedent’s home for longer than a year or more before the decedent’s death.
• It will cost more to sell the decedent’s estate to pay the debt is more than the total of the debt.
• The Medicaid debt that can be recovered is $3,000 or less.
• The attempt to recover debt will place undue hardship on the heirs.
• The decedent’s estate is $10,000 or less.
Helping You Deal with Liens Concerning Medicaid Estate Recovery
Medicaid would try to recover as much money as possible from the decedent’s estate to receive Medicaid services. The state relies on liens placed on personal savings or residential property to recover money spent on Medicaid services that were provided. If your family has received a lien notice regarding estate recovery for a deceased loved one, The Law Office of Steve Ortega, PLLC, is here to assist you.
