A Texas Revocable Living Trust is a powerful tool. When used properly it can save a family thousands of dollars and many months in probate court. When used incorrectly, a Texas Revocable Trust can cause a lot of problems.
A common problem occurs when a family has a loved one entering a Texas nursing home and needs to qualify for Texas Title 19 Medicaid benefits. The homestead for many families is not Read more…
Can you answer these questions?
- My loved one’s nursing home is ________________________.
- My loved one’s nursing home costs $____________ every month.
- My loved one will be broke on ___________.
- My loved one will be able to keep Read more…
Every family must prove resource eligibility in addition to establishing income eligibility for Houston Medicaid nursing home benefits. If you or your spouse have too much value in counted resources, your application for Houston Medicaid will be denied. The resource limits are different based on the status of the Medicaid applicant’s spouse, if any.
If the applicant for Medicaid nursing home benefits is single, the resource limit to establish eligibility is Read more…
Today we will review additional requirements to maintain a valid Miller Trust under Texas Medicaid law. These requirements are in additional to the items we previously discussed.
A valid Miller Trust must be irrevocable. If your trust document contains any provisions concerning revocation, modification, or termination by an individual or a court you risk invalidating your Miller Trust.
A valid Miller Trust must provide Read more…
Today we will review some of the required elements for a valid Miller Trust under Texas Medicaid law.
A valid Miller Trust must be funded only with pension, Social Security, and other income of the individual applying for Texas Title 19 nursing home benefits. In addition, the entire income source must be deposited into the trust. For example, if only half of an individual’s pension or social security is deposited into the trust account, then the trust will not be considered a valid Miller Trust for Texas Medicaid eligibility.
A valid Miller Trust must not contain Read more…