Washington County, TX Estate Planning Law Firms & Lawyers

First, your 401k passes to your spouse under federal law and then to any designated beneficiary on a form you complete and file with the plan administrator.  It should not pass under your Will, but will if you have no spouse and have not completed and filed a designated beneficiary form. Second, if your bank accounts are "joint with right of survivor" or "pay on death," they, too, pass outside your Will. Third, your house can pass outside your Will and free of Medicaid Estate Recovery using a Transfer on Death or a Lady Bird Deed. Fourth, if the royalties are mineral rights, this approach could also be used. But you do need a Will, if only as backup.  Some title companies are uncomfortable with Transfer on Death and, to a lesser extent, Lady Bird Deeds. If you get an online Will (and I have seen those prepared by several vendors), it is likely to be inadequate and you are very likely not to execute it with all the legal requirements, leading to an intestacy.  The Will will not be worth the paper it is written on.  Moreover, those vendors have no skin in the game.  An attorney not only risks a bad online review, a loss of reputation at the court and among colleagues, but a malpractice suit -- and you benefit from the required malpractice insurance.  Until the Texas Supreme Court creates a Will form (which it has been working on for years), you and whomever you want to leave things to, are much safer with a Will drafted by an attorney and addressing your particular circumstances.  You will also find that a good estate planning attorney will provide much more than a Will:  documents to help you stay in charge of your medical care and finances while you are alive, information sheets and guidance for your executor, and counseling building on the information above.  You can be penny wise and pound foolish, or pay extra to an online vendor for a few other documents and risk going without important legal, tax and financial counsel, but is that really what you want?  

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.