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

  • 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

  • Taylor and his team have been invaluable assets to me.

    “Taylor and his team have been invaluable assets to me. Taylor has a way of taking complicated subjects and breaking them down to something tangible and simple to work through. Rachelle might be the most helpful person ever! She has been great in explaining and teaching. Highly recommend the firm!”

    Brad Barton

  • 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

  • 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