Q: My mother-in-law was a Medicaid recipient living in a nursing home and passed away in September.
Her house is titled solely in her name. She has no surviving spouse or minor dependent children. It has been almost 2 months since her death and we have not received a letter of intent (LOI) from MERP. She had no will and since the house is her only asset, we do not plan to open a probate. In Texas, isn't MERP supposed to send an LOI within 7 to 10 days after notification of death? They were notified of the death within a matter of days. What happens if we never receive the LOI? Does that mean MERP does not plan to file a claim and we can dispose of the house however we see fit?
A: It is common not to receive a MERP claim for months. There is no statute of limitations (time limit) by which MERP must submit a claim. If you do not open a probate, MERP may do so.
A: MERP has an automatic lien on the estate. The title will not be clear for sale until the MERP lien is addressed.
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