The Intersection of Medicaid and Probate

This column first appeared in the San Antonio Express News on December 11, 2015.  Dear Mr. Premack: My father and my mother separated, but did not divorce, when mother moved in with my sister in San Antonio in 1999. My father remained in their house on 5 acres about 150 miles away. In 2004 my…

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…

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.…