PLAN WHILE YOU CAN: PROTECT YOUR HOME FROM THE MEDICAID ESTATE RECOVERY PROGRAM

Many families fear losing their homes due to the Medicaid Estate Recovery Program (MERP) after receiving long-term care benefits. However, with proper planning, you can safeguard your assets. At Townsend Allala Coulter & Kludt, we help families in El Paso, TX, navigate Medicaid planning to protect what matters most.

What Is the Medicaid Estate Recovery Program

MERP allows the state to recover costs from the probate estate of a Medicaid recipient after their death. This recovery only applies under certain conditions, and there are several ways to avoid it.

How to Protect Your Home from MERP

Use a Lady Bird or Transfer on Death Deed

These tools transfer ownership of your home automatically upon death, bypassing probate and eliminating MERP claims.

• Lady Bird Deed retains control of the property during your lifetime while ensuring transfer to heirs.
• Transfer on Death Deed allows for changes during your lifetime while avoiding probate.

MERP Exceptions and Waivers

Even without special deeds, you may qualify for an exception or waiver:

• A surviving spouse prevents MERP recovery.
• Disabled children, children under 21, or an unmarried adult child living in the home for at least a year before the recipient’s death are protected.
• Low-income heirs may qualify for a waiver or partial waiver.

Consult an Attorney Before Paying MERP Claims

Never pay a MERP claim without consulting a Medicaid planning attorney. Many claims can be negotiated or eliminated entirely, ensuring your family retains its assets.

Secure Your Future with Expert Planning

Don’t let the fear of MERP prevent you from accessing necessary Medicaid benefits. With proper planning, you can protect your home and secure your family’s financial future. Contact us by visiting our Medicaid planning page for personalized legal guidance in El Paso, TX.

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