Will a house with title as JTWROS prevent estate recovery in CA?
My parents both passed away in 2008 and 2013 with medi-cal in CA owned a house with JTWROS with 3 of their children. Will the JTWROS title of the house prevent estate recovery which is going on now? Thanks ,
L - what is currently happening with MERP (Medicaid Estate Recovery Program)? Have you or someone in the family gotten the letter from the state regarding MERP? You say "recovery which is going on now", what is happening?
Someone has gotten a questionnaire that needed to be responded to in order for the state to determine what approach will be taken for MERP. It usually goes to whomever was the contact person for all things Medicaid for your parents. In some states the letter is also sent to the property address. In the letter there should be a form that has to be returned to claim and exemptions, exclusions or other hardships that the forced sell of the property could cause. I don't know what the time-frame is for CA but for TX the initial MERP inquiry goes out at about 4 - 6 weeks of death and you have to reply with exemption / exclusions / hardship documentation to MERP within 4 - 6 weeks from the date of the letter - it is very time-sensitive! The states are required to do a cost/benefit analysis to determine IF a MERP claim or lien will be done. MERP is a legal process that is enforced through probate court and that has costs. Often a property with exemptions & exclusions or low-value or title issues will not get a MERP claim or lien as it would be of limited cost/benefit to do especially if in your state probate can roll out to a few years.
If you do nothing and do not respond, the state seems to take the position that there are no heirs, no family or nobody to contest a claim or lien.
NO it wont. Joint Tenants with Rights of Survivorship (JTWROS) means that any ONE of the five owners could be enough in debt to lose the house. See an attorney ASAP.
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Someone has gotten a questionnaire that needed to be responded to in order for the state to determine what approach will be taken for MERP. It usually goes to whomever was the contact person for all things Medicaid for your parents. In some states the letter is also sent to the property address. In the letter there should be a form that has to be returned to claim and exemptions, exclusions or other hardships that the forced sell of the property could cause. I don't know what the time-frame is for CA but for TX the initial MERP inquiry goes out at about 4 - 6 weeks of death and you have to reply with exemption / exclusions / hardship documentation to MERP within 4 - 6 weeks from the date of the letter - it is very time-sensitive! The states are required to do a cost/benefit analysis to determine IF a MERP claim or lien will be done. MERP is a legal process that is enforced through probate court and that has costs. Often a property with exemptions & exclusions or low-value or title issues will not get a MERP claim or lien as it would be of limited cost/benefit to do especially if in your state probate can roll out to a few years.
If you do nothing and do not respond, the state seems to take the position that there are no heirs, no family or nobody to contest a claim or lien.
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