Posted on: 13th Sep, 2008 05:00 am
On 10-01-2005 my mother transferred her real estate (home) via gift deed to me (I'm an only child, 64 yers of age)
Mom was in a nursing home from 08-25-06 until she passed away on
12-17-07.
First I received the normal questionaire (packet) from the Texas Department of Aging and Disability Services about 60 days after mom's death. I completed it and returned it immediately.
The second correspondence from them was 08-21-2008 stating that no probate estate has been opened yet, and if I don't start proceedings, then the state will begin then. (Note: the only asset was the real estate (home), so I don't see a need to probate anything!)
I called them, and they said their records indicated that the real estate was in my mother's name, that they were unaware of a gift deed, and asked that I fax it to them. I faxed it immediately, and then talked to a clerk that verified receiving it, and she said it appeared to her that the claim needs to be dropped, but that it would be referred to her supervisor and that I should expect a letter stating they were dropping the issue within 2 or 3 weeks. Needless to say I have received nothing, and can not even get a phone call returned.
The only other point I will make is that I lived in the house for over a year before my mother passed away, but only have 7 months of bank records, and I still live there today as this is the only residence I own.
Any ideas/opinions/suggestions of where I stand or what I should do on this issue would be greatly appreciated.
Mom was in a nursing home from 08-25-06 until she passed away on
12-17-07.
First I received the normal questionaire (packet) from the Texas Department of Aging and Disability Services about 60 days after mom's death. I completed it and returned it immediately.
The second correspondence from them was 08-21-2008 stating that no probate estate has been opened yet, and if I don't start proceedings, then the state will begin then. (Note: the only asset was the real estate (home), so I don't see a need to probate anything!)
I called them, and they said their records indicated that the real estate was in my mother's name, that they were unaware of a gift deed, and asked that I fax it to them. I faxed it immediately, and then talked to a clerk that verified receiving it, and she said it appeared to her that the claim needs to be dropped, but that it would be referred to her supervisor and that I should expect a letter stating they were dropping the issue within 2 or 3 weeks. Needless to say I have received nothing, and can not even get a phone call returned.
The only other point I will make is that I lived in the house for over a year before my mother passed away, but only have 7 months of bank records, and I still live there today as this is the only residence I own.
Any ideas/opinions/suggestions of where I stand or what I should do on this issue would be greatly appreciated.
Hi andrew,
You will have to contact an attorney who is well versed with the Medicaid laws of your state and take his opinion in this regard.
Thanks
You will have to contact an attorney who is well versed with the Medicaid laws of your state and take his opinion in this regard.
Thanks
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