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

  • 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.

    “The Willingham Law Firm team comes through once again! Whether it be long-distance scheduling, remote consultation or explanation of complex agreements, 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.”

    Michael Frank

  • I am a former employee for the Willingham Law Firm and they are by far the best attorneys.

    “I am a former employee for the Willingham Law Firm and they are by far the best attorneys I have worked for, and I have worked for a few different ones in the past. They truly care about their clients and their staff. I highly recommend this firm if you are wanting to get any sort of Estate Planning done.”

    Rachelle Dytko

  • Taylor was wonderful and easy to work with.

    “Taylor was wonderful and easy to work with. He was very quick which was helpful since I brought my baby with me. He was also very straightforward which was appreciated! He gave some suggestions on changing up our life insurance policy while also getting all the information needed to write up our documents. When it comes to protecting my family in times of crisis and hard times, I trust we will be protected because of the work that he puts into helping us plan for the unexpected. He was personable and related to our circumstances because he’s been there. I highly recommend him to everyone!”

    Mariah Sutherland

  • Their firm is knowledgeable and professional. It's always a pleasure working with them.

    “I work with the Willingham Law Firm exclusively for Estates and Elder law clients. As an Estate Planning attorney in Arizona it is important to have a network of trusted attorneys around the country to refer my clients to for their out-of-state legal needs. The Willingham Law Firm has stepped up many times and both myself and my clients have been very pleased. Their firm is knowledgeable and professional. It's always a pleasure working with them.”

    B Rodgers

  • 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