Medicaid FAQ

Medicaid FAQ

Can a Living Trust be a Beneficiary of an Account and Avoid a Medicaid Estate Recovery In Texas?

If the Living Trust is structured to avoid probate, then yes. In Texas, Medicaid restricts estate recovery to assets that pass-through the probate court. Texas Estate Code sections 111.051 to 111.053 exclude living trust agreements from the probate estate. As long as the living trust was drafted not to revert to the settlor’s estate, then the assets would pass outside of the probate court.

EVERY CASE DESERVES CARE & ATTENTION

Read Recent Reviews from Our Clients
  • “Every experience has been outstanding!”

    - Sheldon C.
  • “They were so unbelievably helpful and kind after my father passed.”

    - Dani P.
  • “Professional, knowledgeable, and efficient service.”

    - Tana Gleim

Meet Our experienced Legal Team

Dedicated to Accomplishing Your Goals 
  • Taylor Willingham
  • Mark Auten
  • Carla Alston
  • Cindy Galvan
  • Olaoluwa Israel
  • Kellianne Beechly
  • Taylor Willingham Taylor Willingham

    Attorney

    McKinney Estate Planning Attorney Taylor Willingham is an experienced estate planning and probate attorney located in ...
    Taylor  Willingham Photo
  • Mark Auten Mark Auten

    Attorney

    Skilled Probate & Estate Planning Attorney Mark Auten is a licensed attorney in the State of Texas and an integral member of ...
    Mark  Auten Photo
  • Carla Alston Carla Alston

    Attorney

    Compassionate Probate Lawyer in McKinney Carla Alston is an attorney who strongly cares for her clients and their family. ...
    Carla  Alston Photo
  • Cindy Galvan Cindy Galvan

    Attorney

    Estate Planning & Probate in McKinney Cindy earned her law degree while maintaining a balance between law school and work. ...
    Cindy  Galvan Photo
  • Olaoluwa Israel Olaoluwa Israel

    Attorney

    Olaoluwa Israel earned his law degree from Baylor Law School in May 2020. During Law School, Olaoluwa had the opportunity of ...
    Olaoluwa  Israel Photo
  • Kellianne Beechly Kellianne Beechly

    Office Manager

    Office Manager at the Willingham Law Firm Kellianne Beechly is the Office Manager for The Willingham Law Firm, PC. Kellianne ...
    Kellianne  Beechly Photo

Contact the Willingham Law Firm, PC 

Preserve Your Legacy Today
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.