De Witt County, TX Estate Planning Law Firms & Lawyers

I'm unclear. Did the Medicaid Estate Recovery Program send the notice regarding the parent's estate or your brother's estate? You should speak with the lawyer who probated the will. The Medicaid Estate Recovery Program is a creditor, and you would use the debt classification system of the Estates Code. I just can't tell from the email which estate MERP is going after.

Whether or not you had children together is irrelevant.  Whether he had a child with someone else affects how his separate real property, if any, passes under the Texas laws of descent (real estate) and distribution (personal property). Pensions, 401(k)s and IRAs pass to the designated beneficiaries.  If you are named as the beneficiary, they pass to you.  If no beneficiary is named, pensions pass according to the rules of the pension plan, 401(k)s pass to the surviving spouse and IRAs pass to the estate.  Since IRAs are usually created with community assets, they are usually viewed as community property.  The surviving spouse retains her 50% community property interest.  The deceased spouse's community property interest passes according to his Will or, if there is none, according to the Texas laws of descent and distribution. In Texas, even if the home was separate property, purchased before the marriage and paid for with separate funds, the surviving spouse has a right to live in it for life. Please see a local probate attorney about probating (proving) your husband's estate.                

Probably not, unless he left a Will that names you as a beneficiary. You should consult with an attorney to address your specific issues as your question is very generic.