QUESTION
Does a properly executed TOD deed transferring my mother's house (her only asset) exclude the house from MERP? What about subrogation claims?
Asked on Dec 15th, 2018 on Elder Law - Texas
More details to this question:
My mother passed away on October 6th 2018. prior to that time she had executed a transfer on death deed passing the house to me her daughter at her death. I am not going to probate the will as the house is her only asset. I have also received a subrogation claim from my hospital visit my mother had for a broken hip. She received the broken hip when are nursing aide caregivers were performing incontinent care and rolled her out of the bed onto the floor where she broke her hip. No lawsuit was filed and I gave the insurance company all the information I had regarding the accident. however the nursing home refused to give me the information of their corporate office and I don't understand why I have received a subrogation claim. The nursing home was to blame for her accident that broke her hip but I did not file a lawsuit and as far as I knew the insurance company had contacted the nursing home to receive payment for the claim. Am I liable for the subrogation claim. I am so confused.
1 ANSWER
2 Awards
If the transfer on death deed was properly drafted and executed and recorded in the deed records of the county clerk where the property is located, it should transfer title on death (see what you need to file) and outside the probate estate. In Texas the Medicaid Estate Recovery Program can only recover from the probate estate.
See a medical malpractice lawyer (and if the hip led to your mother's death, a lawyer who handles wrongful death suits), bringing all related documents. A subrogation claim could be collected if there were something from which to collect.
Answered on Dec 16th, 2018 at 8:15 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.