Montgomery, TX Estate Planning Law Firms & Lawyers

Yes. My recommendation is to be wary of the multiple administrative costs that might be incurred after your death. If you have any questions, please contact me.

The community property of your mother and father can be reached for the debt that your father incurred. When someone passes away, moreover, their estate is liable for their debts, and any property transferred without those debts being paid can still be reached by creditors to pay the debt, unless those debts are extinguished in a probate proceeding. It seems clear that any creditor of your father will be able to make a claim against the death benefits once they are received, and will be able to "follow" those benefits to whomever receives them. In any event, a person's estate does not pass automatically free and clear of any debts that person may have incurred.

Generally speaking if your aunt's residence qualifies as her residence for Medicaid and she has an intent to return to it, then that home should be maintained and the other home sold. Make sure that her residence has a homestead filed upon it for her benefit. You do not address if she is competent or if a guardian s or attorney in fact is considering the sale. Those are important facts. If you have additional questions or want to address the specifics of the issue or how the ademption can/should be dealt with, please seek legal counsel.