Medicaid Claims Against an Estate Probate Lawyer in El Paso, TX
When a loved one passes away after receiving Medicaid benefits, families may be surprised to learn that the Texas Medicaid Estate Recovery Program (MERP) can file a claim against the estate. These claims seek reimbursement for Medicaid funds used to pay for nursing home care, long-term care, or certain medical expenses. Without proper legal guidance, heirs may risk losing property, savings, or other estate assets.
An experienced Medicaid estate recovery probate lawyer in El Paso, TX, can help protect your loved one’s estate and ensure your family’s rights are upheld. The Law Office of Steve Ortega, PLLC, has extensive experience assisting El Paso families in defending against MERP claims and navigating the probate process.
What Is the Texas Medicaid Estate Recovery Program (MERP)?
The Medicaid Estate Recovery Program (MERP) allows the State of Texas to seek reimbursement for Medicaid benefits paid on behalf of a deceased recipient. Under federal and Texas law, including the Omnibus Budget Reconciliation Act, MERP must file its claim through the probate court after the Medicaid recipient’s death.
Facing a MERP claim during probate can be overwhelming and emotionally difficult. The Law Office of Steve Ortega, PLLC, has handled numerous Medicaid estate recovery cases and can help your family challenge, reduce, or eliminate MERP claims when allowed under Texas law.
When Can Medicaid File a Claim Against an Estate?
The Texas Medicaid Estate Recovery Program may file a claim if:
-The decedent received nursing home care, long-term care, or services through certain Medicaid waiver programs
-The decedent applied for Medicaid benefits on or after March 1, 2015
-The decedent was 55 years of age or older at the time Medicaid benefits were received
MERP claims must be properly filed and approved through the probate process before recovery can occur.
Situations Where Texas Will Not Seek Medicaid Estate Recovery
Texas law provides important exemptions and hardship waivers that may prevent or limit Medicaid estate recovery, including:
-The decedent is survived by a spouse
-The decedent has a surviving child under age 21
-The decedent has a surviving child who is permanently disabled
-An unmarried adult child lived in the decedent’s home for at least one year prior to death
-The cost of recovery exceeds the value of the estate
-The total Medicaid claim is $3,000 or less
-Recovery would create undue hardship for the heirs
-The total estate value is $10,000 or less
An experienced probate lawyer can evaluate whether your family qualifies for an exemption or hardship waiver.
Legal Help for Medicaid Estate Recovery Liens in El Paso
Medicaid may attempt to recover funds by placing liens on real property, bank accounts, or other estate assets. These liens can significantly delay probate and threaten your family’s inheritance. If you have received a MERP notice or lien related to Medicaid estate recovery, legal representation is essential.
The Law Office of Steve Ortega, PLLC helps families challenge improper Medicaid claims, file hardship waivers, and protect estate assets during probate. We are committed to guiding El Paso families through Medicaid estate recovery with clarity, care, and experienced legal advocacy.
Contact our Medicaid estate recovery probate lawyer in El Paso, TX, today to discuss your case and protect your loved one’s estate.