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Probate Court No. 1's guideline for wills offered as muniments of title (letterhead of Judge David W. Jahn and Associate Judge Edward Nolter): because a Medicaid Estate Recovery Program claim for benefits received after March 1, 2005 is a debt that bars muniment probate, every application to probate a will as a muniment, the prove-up testimony (including any written statement of proof) and the order admitting the will must, since May 7, 2009, state that 'Medicaid benefits, if any, received by the Decedent on or after March 1, 2005 have been repaid.'
Texas > Denton County > Probate Court No. 1 — applicants probating a will as a muniment of title.
"If a person receives Medicaid benefits after March 1, 2005, the State's Medicaid Estate Recovery Program (MERP) may have a claim for Medicaid recovery against the person, which would be a debt against the person's estate. Under Texas Probate Code §89A, a will cannot be probated as a Muniment of Title if there are outstanding debts against the estate, other than those secured by liens on real esta
Reviewer note: Own-site document (text layer, 1 p, 1,264 chars) read in full 2026-09-06; quoted verbatim; the guideline dates from 2009 (it cites former Probate Code § 89A, now Estates Code ch. 257) but is printed on the current Probate Court No. 1 letterhead naming Judge Jahn and Associate Judge Nolter, so it is joined to the current bench; the two courts' current Positions and Policies restate the Medicaid proof requirement. Composed benchpath-ajr8-denton (own-site lane).
G-2026-045-SC required anyone using generative AI to disclose it on the face of the filing and add a scripted certification, on pain of striking, denial of relief or monetary penalties. Rule 2.515(d)(2) and AOSC26-12 preempted it on June 15, 2026, so it could not be enforced — and by August 16, 2026 the Seventh Circuit had removed the order from its published register (no rescission instrument appears there). BenchPath holds the hashed capture as the historical record.
3 verbatim requirements on divisional requirements in ANDREW L. SIEGEL's division.
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