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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.

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  • As a professional, working with the Willingham Law Firm, has been terrific.

    “As a professional, working with the Willingham Law Firm, has been terrific. They are attentive to client needs, and carefully customize each estate plan. Taylor takes time to answer questions and explain the law and concepts to clients in a simple understanding way. One thing I appreciate is that he never talks down to people, and his staff looks for opportunities to help their clients. A truly great law firm that goes the extra mile!”

    Wendell Brock

  • He is professional and has knowledgeable of business and personal legal issues.

    “I have known and work with Taylor for 7 years. I refer clients to him regularly. He is professional and has knowledgeable of business and personal legal issues. The reason I refer many of my clients to him is I trust him to provide excellent service. .”

    John Harman

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  • Mr Willingham and his staff were more than competent, They were friendly and they treated us with a great deal of respect.

    “My wife and I went to discuss having wills drawn. Mr Willingham and his staff were more than competent, They were friendly and they treated us with a great deal of respect. We did not have a great deal of money or assets but they spent the time needed to make us feel comfortable. Besides that Mr. Willingham explained the 4 documents that were the most important to us in our situation, gave us very sound advice on protecting the assets we have. It was a great experience. They really understand Elder law and what is important to those of us getting on in years.”

    Ron Ramsey