Dear Jeff: I have an uncle and an aunt in their 70s and the uncle recently passed away. He had no will, so his assets passed on to the aunt. Nothing has or will be probated.

The aunt wants to give me (her nephew) one of the assets, which is a 2.5-acre tract of land. What do I need to do to acquire legal ownership? Thanks, "Favorite Nephew"

Dear "Nephew": Did the aunt and uncle have any kids? If so, those kids own a portion of your uncle's estate — it does not all automatically pass to your aunt in Texas.

The easiest way to acquire ownership of the tract is to first have an affidavit of heirship prepared, which will serve to make sure your aunt does own everything. Any heirs can deed their share of the estate to your aunt. Then, the aunt can deed the tract to you.

In the absence of a will, Affidavits of Heirship are very useful in creating chains of title.

Dear Jeff: My grandmother is trying to qualify for Medicaid. She receives Social Security benefits, and a small pension. What is the maximum amount of income she can have and still qualify for Medicaid? Signed, "Getting By"

Dear "Getting By": The current maximum monthly allowable income for 2009 is $2,022 (this figure will be raised on Jan. 1).

Keep in mind that income determination is only one facet if Medicaid eligibility. The applicant must also meet the asset requirements.

Also keep in mind that, even if a person makes over the maximum amount of income, there are tools available (such as Miller Trusts) which can help make the person qualified.

This column is meant for general information and educational purposes only, and neither this column nor the transmittal of a legal question via e-mail constitutes the creation of an attorney/client relationship between the reader and Jeffrey Bates and/or Southern Newspapers Inc. For specific advice regarding legal matters affecting you, consult an attorney.

To submit a question, send it via e-mail to JeffreyPBates@aol.com, or via regular mail to Ask the Lawyer, 101 S. First St., Lufkin 75901.