Medicaid Estate Recovery

As more and more of the U.S. population grows older, more and more people need nursing home care. The federal government, concerned about the amount of money it pays out via Medicaid to pay for nursing home care, now requires state governments to try to recover the cost of Medicaid benefits from the assets of the beneficiary.

This process known as Medicaid estate recovery will occur after the death of the Medicaid beneficiary.

Get Legal Advice in Advance Regarding Medicaid Estate Recovery

The rules and regulations regarding Medicaid estate recovery are extremely complex.

At the elder law firm of Wright Abshire, Attorneys, we strongly recommend that all families receive advice and counseling regarding how to avoid Medicaid estate recovery far in advance of the time that Medicaid benefits are needed to pay for nursing home care.

The benefit of advance planning is that our experienced lawyers may be able to help you structure your assets and asset transfers in such a way as to protect most of your assets from Medicaid estate recovery.

You may have heard that Medicaid cannot make a recovery against the estate of a beneficiary who, at death, is survived by a spouse or by a child who is under 21, blind or disabled. However, what if the spouse dies first? What if all children are over 21? In these cases, Medicaid may file a successful claim against the beneficiary's estate — and the surviving children or other beneficiaries will see their inheritances reduced as Medicaid takes its share.

Contact Wright Abshire, Attorneys for a Consultation

Medicaid estate recovery rules are extremely complex and the regulations change frequently. At Wright Abshire, our estate planning lawyers have advanced experience with all aspects of estate planning — with a special emphasis on Medicaid issues.

To schedule a confidential appointment, send us an e-mail or call us toll-free at (800) 280-4795.

From our wheelchair-accessible offices in Bellaire, Texas (a city within Houston), The Woodlands and Carmine, Texas, we represent clients throughout the Houston area as well as statewide. We also represent clients from other states with elderly family members in Texas. Our attorneys can make home, hospital or nursing home visits outside of the Houston area when necessary. And in some cases, many of our legal services can be provided over the telephone for our clients' convenience.