Medicaid Estate Recovery and Medicaid Payback Rules
Under Medicaid law, a state must attempt to recover benefits it paid for health care following the death of a Medicaid rec...
Read moreYour father died in Texas without a will and you established your right to inherit his property by signing an affidavit of heirship. You’re wondering whether the Medicaid Estate Recovery Program (MERP) can claim your land or the proceeds from selling your father’s house — especially since two years have passed and MERP has not taken any action.
1. What is MERP?
2. Timing and Notice
3. Affidavit of Heirship and Sale of Property
4. What If Two Years Have Passed and MERP Has Not Acted?
5. Are There Exceptions or Defenses?
6. Practical Considerations
Scenario | Can MERP Recover? | Notes |
---|---|---|
Property sold after affidavit of heirship, within 4 years of death | Yes, if MERP files a claim | Heirs may be personally liable up to the value received |
Property sold after 4 years | Unlikely, unless fraud or other exceptions apply | Statute of limitations may bar claim |
Property transferred by Transfer on Death (TOD) Deed | No | Not part of probate estate |
Bottom Line
If you sell your father’s house after filing an affidavit of heirship and two years have passed since his death, MERP can still file a claim against the estate (and potentially against you as an heir) within four years. The safest course is to wait out the four-year period or ensure that any sale proceeds are available to satisfy a potential claim. If the property was transferred by a Transfer on Death Deed, MERP generally cannot recover.
For more details, see the official Texas HHS MERP guide.
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This answer is based on current Texas law and authoritative sources as of 2024.
Disclaimer: This is not legal advice and may not be accurate. The T&Cs of LawY apply to this response.
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