Probate Navigator

Question: Did the decedent apply for AND receive Medicaid benefits on or after March 1, 2005?

In answering this question, keep in mind the difference between Medicaid and Medicare. Medicaid is a health program reserved for indigent persons in need of medical assistance. Medicare provides health insurance for Americans aged 65 and older who have worked and paid into the system. It also provides health insurance to younger people with disabilities, end stage renal disease and amyotrophic lateral sclerosis. Medicare only pays for a limited number of days (up to 100) in a nursing home after a hospital stay. Almost all seniors are on Medicare. Some indigent seniors who need help paying for their nursing homes are on Medicaid.

The courts do not want to admit a will to probate without the appointment of an executor if there is a pending Medicaid Estate Recovery Program ("MERP") claim. If you are unsure as to whether there is such a claim being asserted by the MERP, you can complete and turn in a MERP Certification and Authorization Form. You can read more about the Medicaid Estate Recovery Program by going to the Texas Department of Aging and Disability Services website.

Yes, the Decedent applied for and received Medicaid benefits on or after March 1, 2005.

No, the Decedent did not apply for and receive Medicaid benefits on or after March 1, 2005 or there is no Medicaid Estate Recovery Program claim being made against the decedent's estate.

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