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Medicaid Recovery Act in Texas. I am a caregiver, taking care of my mom who suffers from advanced Alz/Dementia. In 2010, I had a Deed of Trust created to protect my mom's only asset (her home). It states my mom's home will transfer to me at the time of her demise. Until recently, I was paying for all provider services out-of-pocket because my mom was ~$170 over the Medicaid income cap.
But, recently my mom began recieving Medicaid Provider Services (using a Miller's Trust).
My question is: Under the Medicaid Recovery Act, will Medicaid go after my mother's home (after she passes) in order to pay for services provided by Medicaid?

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Trust law and how each state interprets estate recovery of Medicaid payments varies from state to state. However, in order for a transfer of a house (or other property) from the Medicaid recipient to a trust to offer protection from estate recovery, the trust must be carefully drafted. For instance, in some states if the Medicaid recipient retains an income interest, the trust will still be deemed an available asset, while in other states it will not. In some states only "probate" assets are subject to estate recovery while in other states trust property, joint property, and even life estates are subject to estate recovery.
Since I am not licensed to practice law in Texas, I am not able to give you a specific answer, which in any case would require me to review the trust in question. Thus, I echo what others here have said, that you need to consult with an experienced elder law attorney in Texas with Medicaid knowledge.
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Savannah,
Sometimes questions get lost on here. When I do not receive responses to my questions I am left wondering if I asked something inappropriate.

In my state a house can be deeded to a child caregiver that has lived in the home to provide medically necessary care. The home could transfer after two years after caring for mom. You can post your question to attorneys in Texas that specialize in elder law, specifically Medicaid. Check out the site
AVVO, it also includes peer and client ratings of attorneys.
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I have to concur with the other folks, posting. We just moved my In Laws to live with us, and we are buying a larger, more Handicap friendly, home. We are all going to be on the loan. Susan A43, sounds like you have done your homework. But do get yourself a Elder Law Lawyer. It is the best decision we have made.
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I've been told the only thing that will protect the house and keep it from going into probate is a LadyBird Deed (not sure if it's the same thing as a Deed of Trust). When my father passed away, the state of Michigan started sending letters wanting to know who still lived in the house (my mother does, making it exempt from estate recovery by Medicaid).

You will definitely want to check with an attorney on this before proceeding - unless any of us here are attorneys, you'll be taking a big risk just going with our opinions. Please seek some professional legal help with this question so you don't end up with a nasty surprise.
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I would go see a elder law attorney in Texas.Go directly to someone who knows the laws.Check within your community for help with senior related issues.You may be able to get some legal help for free or a low cost.

My advise to people is to look into these matters before they become a pressing issue.
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One more thing.Any old lawyer won`t work.Go see a "elder law attorney" One that specializes in elderly related issues.Such as a Lady Bird Deed that protects a house from Medicaid repayment.It`s not good in all states but I would think it would be good in Texas since since one time president LBJ helped get it passed in his home state of Texas.
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The Trust to establish a transfer should have you as the Trustee, be irrevoccable,gennerally Medicaid has a five year lookback. There is a protection for a caregiver, but is that the caregiver primary residence, and is the owner virtually dependent on that person care?
If any $$ is being paid to the caregiver is a contract in place, and backed up with 1099?
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As memtioned before, find aa elder care lawyer. Good luck.
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I can only speak for Tennessee, yes they will! My sister and I went through this with our mom. So get some advice from a lawyer before you make ant decisions.
Good luck!
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In Colorado a trust does not protect any assets including the house. Medicaid can attach everything there. This is one thing that is commonly misunderstood. I think the reason mom set up her trust was to guarantee herself income for care when she needed it, though she would never remember that now. She also had a long term care policy that was in the trust, but unfortunately it lapsed probably at the beginning of Alzheimer's disease when she was forgetting to pay bills and not making wise decisions.
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