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Under Tennessee law, real property is not included in the probate estate and vests immediately in the heirs or devisees upon death of the owner, unless the will specifically directs for the real property to be administered through the estate and gives the executor the powers and authority to do so.
Tennessee state law does not require all of the decedent's assets to go through the probate process.These types of assets pass directly to their new owners without oversight from the probate court. The only types of assets that are required to pass through probate are the decedent's individually owned property.
Even after the recipient dies, the home cannot be taken away by the Bureau of TennCare if the recipient leaves a spouse, a minor child, a disabled or blind child.Presently, the Bureau of TennCare will certainly file a claim against the estate of someone who received benefits.
TennCare is a federal waiver program that is approved by the Centers for Medicare & Medicaid Services (CMS). Under the waiver, TennCare can do some things that Medicaid can't do. TennCare can enroll some people who are not eligible for Medicaid. TennCare can offer more benefits than Medicaid.
Generally, beneficiaries have to wait a certain amount of time, say at least six months. That time is used to allow creditors to come forward and to pay them off with the estate assets. (In some cases, an executor may make partial distributions to the heirs after he or she estimates the debts.
In Tennessee, you can make a living trust to avoid probate for virtually any asset you ownreal estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).
Tennessee provides an alternative to regular probate if the estate is small. The simplified procedure is available if the total probate estate is worth no more than $50,000, not counting real estate.
TennCare is the state of Tennessee's Medicaid program. It provides healthcare to mostly low-income pregnant women, parents or caretakers of a minor child, children and individuals who are elderly or have a disability. You can apply anytime for TennCare.
A Release says your estate does not owe TennCare any money. To find out if the estate owes money to TennCare, you must complete and submit a Request for Release Form. The form may be downloaded at: Release Form.