Probate and Estate Planning Columns | Paul Premack Express News

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Questions about MERP claims

Nov 13, 2018

Questions about MERP claims

This column first appeared in the San Antonio Express News and other Hearst Newspapers on October 12, 2018. MERP is the Medicaid Estate Recovery Program, a facet of the Medicaid program that has existed since 2005. Whenever any person applies for Medicaid benefits (for instance, to help pay for a nursing home) that person is informed, in writing, about MERP and its processes. Eventually, when the Medicaid recipient dies, MERP’s task is to recover for the state whatever it can

MERP does not file liens on homes

Apr 13, 2018

MERP does not file liens on homes

This column first appeared in the San Antonio Express News on March 30, 2018. Your father died with a Will. The Will should, if properly written, nominate an Executor to handle the estate. The Will should, if properly written, allow the Executor discretion to sell any real estate so long as the net proceeds are used to fulfill the terms of the Will. The Executor is not restricted by MERP, since MERP has dropped its claim against the estate. MERP does not file any type of lien

Agent has new Duty to Preserve Estate Plan

Jan 8, 2018

Agent has new Duty to Preserve Estate Plan

This column appeared in the San Antonio Express-News on January 5, 2018. Dear Mr. Premack: My grandmother made me a 25% heir of her estate in her Will. Three daughters with her first husband were left the other 75%. My mother, who had a different father, was not included as an heir. Grandmother died in late November 2017. After the funeral, I found out my aunt, who was Agent in my Grandmother’s Durable Power of Attorney, signed a Lady Bird Deed on my grandmother’s house and a

Can MERP claim be avoided?

Nov 29, 2017

Can MERP claim be avoided?

This column first appeared in the San Antonio Express News on November 14, 2017. Dear Mr. Premack: Our widowed mom was in a nursing home on Medicaid. She died this July. Her Will leaves her house to all her children. Last month MERP sent me a claim letter stating they will file a claim against the estate. We did not filed a hardship application. MERP has a contractor (HMS) that does their recovery and they are not being reasonable to our needs. They want private information l

The Intersection of Medicaid and Probate

Dec 15, 2015

The Intersection of Medicaid and Probate

This column first appeared in the San Antonio Express News on December 11, 2015. Dear Mr. Premack: You are asking questions that deal with the intersection between Medicaid and Probate. Medicaid is the government run program which provides nursing and home care to qualified patients. Probate is a courtroom process for transferring assets and satisfying obligations after a person dies. MERP is a program run by Medicaid which is designed to seek, after the patient dies, reimbur

Dec 11, 2014

Title Transfer and Taxes under Lady Bird Deed

This column first appeared in the MySA Express-News on December 11, 2014. Dear Mr. Premack: My wife, as Grantee on a Lady Bird Deed, received ownership of her parents’ house after her mother’s death earlier this year. Her father is in a nursing home with no possibility of ever going home. Intentions are to sell the property upon her father’s death so that his desires of sharing the estate with two other siblings can be accomplished. My question to you is when she sells the pr

Sep 17, 2010

Do not Capitulate to MERP when it is Avoidable

Dear Mr. Premack: My mom is a Medicaid beneficiary at a nursing home in San Antonio. We were told by Medicaid that there would be an estate recovery claim after her death. My dad is living at home and is fully aware that the home is subject to an estate recovery claim when mom dies. I would like to prepare a form where when both of them die their home will automatically go to the State of Texas and record the form in the BCAD. Please explain the process so that I can get this

Apr 24, 2010

Medicaid Estate Recovery Program May Have a Claim to Your Estate

Dear Mr. Premack: My grandma was eligible for Medicare and Medicaid, but owned property, etc. valued over $300,000. She died recently, and her Will left her estate to one granddaughter. Her only child was listed not to inherit anything and placed in a no contest clause. Who is responsible to pay for burial? Do the other grandchildren have a right to contest the will? – TSM It is not surprising that your grandmother received Medicare benefits (most Seniors do) but with assets