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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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  • Me and my husband went to Willingham Law Firm to have wills done in our new home state of Texas.

    “Me and my husband went to Willingham Law Firm to have wills done in our new home state of Texas. Taylor and his staff exhibited extreme knowledge and skill with regard to estate law, which, in turn, put us at ease with the decisions we had to make. They guided us through each step and we couldn't be more pleased with the outcome. This place is top-notch! Thank you for all your help.”

    Stacy Rollans

  • Taylor and the fine folks in his office are always there for us. Its always a pleasure dealing with the efficient processes delivered by this team of fine professionals.

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    Elizabeth Hardwick

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    “As a Certified Financial Planner, I recommend the Willingham Law Firm for my client's estate planning needs. Taylor had done a fantastic job for my clients. ”

    Jeffrey Reddick, CFP

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    “Taylor and his team did a great job with our families estate planning needs. He was very professional and made our experience a positive one. We would highly recommend him to anyone needing legal advise.”

    Michelle Hutchison