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While alive, a property owner can file a transfer on death deed to transfer property immediately upon their death. The property never becomes part of the estate, so probate is not necessary to change ownership.

To help pay for these long-term services, every state must have a Medicaid Estate Recovery Program (MERP). If you received Medicaid long-term services and supports, the state of Texas has the right to ask for money back from your estate after you die.

Under Texas law, there is an option to probate a will called Muniment of Title, Estates Code Chapter 257. This allows for a shortened probate process that still allows the estate to transfer real estate without the longer administration process typically required by the Court.

Lady Bird Deeds (Enhanced Life Estates) The primary way to avoid probate for a house and ultimately avoid the enforcement of a MERP claim on the family home is called a Lady Bird Deed or Enhanced Life Estate Deed.

For a muniment of title proceeding, the filing fee with the county clerk is usually about $475. The attorney's fees for handling the proceeding generally range from about $750-$1,000, unless the attorney has to travel for the hearing and other factors.

Procedure For Muniment Of Title Probate Each applicant's name and domicile. The testator's name, domicile, and, if known, age on the date of the their death. The fact, time, and place of the testator's death. Facts showing that the court with which the application is filed has venue.

It is important to note that the State of Texas has a four-year statute of limitations to file a Will as a Muniment of Title. The only notable exception to this rule is if the person applying for a probate ?failed to make conscientious decisions in regard to timely matters?.

This type of probate can be appropriate when an individual dies testate (with a will) and there are no debts of the estate.

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In order to probate a will as a muniment of title, the decedent must not have owed any debts other than. You must address Medicaid!A Muniment of Title is not available if the deceased had received Medicaid benefits any time after March 1, 2005. Muniments of Title and Medicaid Benefits. Most attorneys are aware that probating a will as a muniment of title is a useful alternative for. However, a properly drafted Lady Bird Deed need not be disclosed to Medicaid, nor can it be used for purposes of determining Medicaid eligibility. A Muniment of Title allows a document, such as a Last Will and Testament, to be treated as a proof of title to property. If a person receives Medicaid benefits after March 1, 2005, the State's Medicaid Estate. Muniment of title is one of the least understood aspects of probate and estate administration. Learn more with this simple beginner's guide.

Texas Muniments of Title and Medicaid Benefits

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Can you transfer property without probate in Texas?

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