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Holland Elder Law
Miller Trusts

What Is a Miller Trust?

When an individual wants financial assistance from Medicaid to pay for nursing home care, he or she must meet four important criteria: There must be a medical need They must be in a Medicaid bed Countable resources must be under $2,000,and Gross Income must be less than $2,313/ month Texas is what is known as […]

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Confused about Medicare benefits?

Thanks to a much improved website, MyMedicare.gov offers a simple-to-use portal for accessing your Medicare information.  The site, which is part of the governments site at www.Medicare.gov even allows you to personalize information about your particular benefits. There is no charge for using the site and it’s secure, too.  This helpful site allows you to […]

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Medicaid Gift Rules vs the $19,000 Yearly Gift Exemption

Question: The health of my widowed 74 year old mom is starting to decline.  My sister and I understand mom must have limited assets to qualify for Medicaid. She owns an annuity and bank accounts worth about $100,000. A coworker tells me she can give us each $14,000.00 a year without Medicaid penalty. Is this […]

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The Medicaid Look-Back Period In Texas

The Medicaid “look back rule” is a big source of confusion regarding the use of gifting as part of a Medicaid asset protection plan in Texas. The term “look-back period” is Medicaid lingo for the period of time a person’s financial records can be reviewed. This period begins with the date of the application and […]

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Medicaid Planning: Don’t Try This At Home

A few months back an article in the Dallas Morning News warned against doing Medicaid planning without professional guidance.  As an attorney, it’s no secret I’m going to advise families to seek competent legal advice.  I became a lawyer to help people understand their rights under Texas and Fedeal laws.   Medicaid laws are some of […]

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Gifts Exempt From Medicaid Penalty Speed Up Eligibility

Most people are not aware of gifts exempt from Medicaid penalty.  The common belief is Medicaid rules prohibit making gifts when a family member needs nursing home care.  Medicaid gifting rules actually encourages certain transfers.  Misunderstanding these rules can financially devastate your family. The annual costs of nursing home care in the Texas metropolitan areas […]

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Should you prepare a Texas Nursing Home Medicaid application yourself?

Whether or not it’s advisable to prepare and submit your own application for Texas Medicaid nursing home benefits turns on several questions: How complicated is the applicant’s financial picture? How well-organized are you? How much time do you have available? How comfortable are you dealing with a government bureaucracy? Can you afford to lose a […]

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Qualified Income Trusts In Texas. What they are. How they work.

In some states (Texas being one of them), when the income of an applicant for Medicaid exceeds the monthly limit a special type of document is necessary to meet income eligibility rules.  Known as “income cap” states, they cap monthly income to $2,742 (for 2023). In these states, if your income is more than the […]

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