Medicare & Medicaid Planning Attorney in Tyler, TX

How Does Medicare Planning Affect an Estate Plan? 

While traditional estate planning often focuses on what happens after you pass away, comprehensive planning focuses on how healthcare costs during your lifetime can affect your assets. Understanding the limitations of Medicare and other government programs is critical to maintaining a cohesive estate plan that accounts for healthcare costs.

Medicare can help cover hospital, medical, and certain long-term care services. However, it does not pay for everything. Nursing home care or extensive in-home assistance is not typically covered. We can help you integrate healthcare planning into your broader estate strategy to support a well-crafted estate plan. 

How Can I Protect My Home from the Medicaid Estate Recovery Program (MERP)?

While your home is usually exempt while you are alive, the state can file a claim against it after your death to recover care costs. To prevent this, estate planners often use a “Lady Bird” deed (enhanced life estate deed) or a transfer-on-death deed (TODD). These allow the property to pass directly to heirs outside of probate, which may shield it from MERP claims. We can determine an effective approach for your specific estate and help you draft the necessary documents to protect your home’s equity. 

Who Qualifies for Long-Term Care (LTC) Medicaid in 2026?

In 2026, Medicaid applicants must meet the following criteria to qualify for LTC benefits:

• Medical necessity. The applicant requires a nursing home level of care. 
• Income limit. The monthly income limit per individual is $2,982.
• Asset limit. The asset limit for a single applicant is $2,000.

Even if your income or assets exceed the maximum amount, you may still qualify for benefits through a Miller trust and other specialized tools. We can review your eligibility and identify potential opportunities to secure your financial future. 

What Is the Texas Medicaid Five-Year Look-Back Period? 

When applying for LTC Medicaid, Texas Health and Human Services (HHSC) reviews your financial history for the previous 60 months (five years). This rule is designed to prevent applicants from giving away assets to qualify for benefits. 

If you gifted assets, transferred real estate to family, or sold items below fair market value during the last five years, the state may impose a penalty period that delays your eligibility for nursing home coverage.

Our attorney can review your financial history, calculate potential penalty periods, and implement legal strategies to mitigate the impact of past transfers on your care timeline.

How Can I Protect My Spouse’s Income & Assets Under Medicaid? 

When one spouse requires nursing home care while the other remains at home (“community spouse”), state law allows the healthy spouse to retain a portion of the couple’s income and assets to maintain their standard of living. This “spousal impoverishment” rule is designed to prevent the community spouse from being left financially destitute. We can help identify which resources are protected, develop a strategy to shelter income and property, and guide you through Medicaid rules to preserve as much of your wealth as possible.

Reasons to Work with Our Medicare & Medicaid Planning Lawyer

Below are some key advantages of working with our Medicare and Medicaid planning attorney:

• Personalized Guidance
• Strong Entrepreneurial Background
• Thoughtful and Laid-Back Approach
• Advanced Financial and Legal Knowledge
• Practical Planning in a Low-Pressure Environment
• Streamlined and Largely Remote Process for Convenience

Take the first step toward securing your legacy with clear guidance from our trusted attorney. Call (903) 226-7232 to schedule a free consultation.