Lady Bird Deed - Texas

[@kpopmrs5297]

My Mom had a ladybird deed filed before she entered nursing home. Myself and my disabled son have been living with her for 5 years. The lawyer set up the lady bird deed. When we filed for Medicaid, I submitted everything and she was approved. When she passes, what are the chances they will make me sell the home and payback Mediciad? She’s only been in nursing home for a year. It’s only deeded to me because my brother signed a paper with the lawyer stating he didn’t want house. How long after she passes can I sell the house?

[@lawyershelping]

I can't give advice, but generally speaking, MERP which is medicaid recovery, typically cannot be levied against a home subject to a LBD Texas Lady Bird Deed because it's not part of the estate. Similarly, TODD's Texas Transfer on Death Deeds have similar protection from MERP generally. So Texas Lady Bird Deeds and Texas Transfer on Death Deeds can both be helpful to help prevent medicaid recovery on the home. There are important considerations and differences between TODDs and LBDs, such as homestead provisions in the deed, affect on title insurance, who can be named as grantee/beneficiary and in what percentages, so it's important for anyone reading this to contact an attorney who can look at each situation, such as the Estate Planning Attorneys at Mike Massey Law in Austin, Texas. The grantee of a Texas Lady Bird Deed generally owns the house upon the death of the grantor with no time lag. Here's a good article that you may find helpful: www.texasbar.com/AM/Template.cfm?Section=articles&Template=/CM/HTMLDisplay.cfm&ContentID=35859

[@SherryLee-s5e]

Step dad & mom had a lady bird deed. My sister & 2 step brothers are inheriters. Step dad is executor She passed away, he put home in his name, changed his will deleting my sister & i, gave our part to new wife. We had to contest due to there's another will but step dad probabted old one & no copies. We got an attorney. What happens now?

[@johnqueen2754]

How about north carolina, or point me to some one oin the western part of north Carolina. Thanks