McKinney Estate Planning Attorney
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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.

Recent Reviews
From Satisfied Clients

  • 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

  • Taylor's expertise along with the firms very knowledgeable and professional staff are something every family should experience when it comes to estate planning.

    “My wife and I have a blended family and were blind to what we needed to have established in order to protect our legacy in the event something devastating happened to one or both of us. Taylor made this easy, simple to understand, and also guided us through some of the tough decisions that we could make ahead of time instead of putting our family through turmoil later. Taylor's expertise along with the firms very knowledgeable and professional staff are something every family should experience when it comes to estate planning. A process that can be frightening and uncomfortable to discuss was turned into a great experience and provide valuable protection for our family within a very short period of time.”

    Terrence Thomas

  • Taylor Willingham is an excellent, knowledge attorney.

    “Taylor Willingham is an excellent, knowledge attorney. I've used Taylor for my business formation as well as my personal will and trust. I would use him again, have referred him to family and friends, and will continue to do so. Taylor is a trusted and valuable resource that I highly recommend.”

    Courtney Hugghins

  • 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

  • Taylor Willingham actually helps set up estate planning and wills so there will not be any legal wrangling over estates when the time comes.

    “Was surprised (in a good way) to see how Taylor Willingham actually helps set up estate planning and wills so there will not be any legal wrangling over estates when the time comes. Too many lawyers want to to set up wills so there is still plenty of billable hours for them at probate. A very refreshing change!”

    David Quisenberry