Denton County Lawyers 817-638-2022 -- Wise County Lawyers 817-638-9016

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    • Wills & Trusts
      • Will & Trust Pricing
      • Wills
      • Probate
      • Trusts - General Info
      • Trusts - Special Needs
      • Trusts - Miller Trusts
      • Trusts - 3rd Party
      • Guardianship
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      • Medicaid Nursing Home
      • FAQ - Medicaid-paid Care
      • 2025 Medicaid Rules
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  • Home
  • Make Appointment
  • Price Info
  • Wills & Trusts
    • Will & Trust Pricing
    • Wills
    • Probate
    • Trusts - General Info
    • Trusts - Special Needs
    • Trusts - Miller Trusts
    • Trusts - 3rd Party
    • Guardianship
  • Medicaid Nursing Home
    • Medicaid Nursing Home
    • FAQ - Medicaid-paid Care
    • 2025 Medicaid Rules
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  • Rick Weaver, Attorney
  • Travis Weaver, Attorney
  • Sara Correa, Attorney
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Third Party Trusts

A third party trust is created with funds from a family member or other person for the benefit of a Medicaid nursing home applicant or the needs of a disabled individual.

Third Party Trusts - Overview

How Do Assets and Trusts Impact Medicaid-paid Nursing Care Eligibility?

At Weaver Firm Attorneys, we understand the fear, anxiety, and grief around a  decision to move a loved one to a nursing home. Add to that the astounding cost--around $6,000 per month in Texas. 


Rick Weaver, attorney, and Travis Weaver, attorney, offer deep experience in looking at options for Medicaid payment for nursing home care including Third Party Trusts, Miller Trusts, and more. 


Where to Begin With Medicaid Approval for Nursing Home Care

Your health care needs will increase as you age.  That is a given.  With this increase, your health care bills will also increase.  That is a given.  Some people turn to Medicaid for financial assistance.  Approval for Medicaid financial assistance is not such a given.


What is Medicaid? Medicaid is a government program managed by states to help with medical and long-term care costs.  It is needs-based, meaning individuals must qualify financially for eligibility. 


In order to prevent individuals from merely making transfers of their property, either outright or in trust, to qualify for Medicaid, there is a penalty period imposed on transfers made within five years of applying for Medicaid.   


If an individual establishes a third party trust using some of his or her own funds, where the individual is the sole beneficiary or one beneficiary in a pool of beneficiaries, the trust may be considered a resource for Medicaid purposes.  This is particularly true if the trust can be revoked — a revocable trust– and the assets can be pulled back into the name of the Medicaid applicant, she said.


How Does a Third Party Trust Impact Medicaid Approval? If the trust is created by a third party, with third party funds, for the benefit of the Medicaid applicant, then the answer would depend on the specific terms of the trust and whether or not the settlor — the person who created the trust — is the spouse of the Medicaid applicant.   


That’s because income and asset limitations are imposed on the community spouse in order for the applicant spouse to qualify for Medicaid.    The state may also have the right of recovery against the estate of a deceased Medicaid recipient for Medicaid benefits paid to such individual during his or her lifetime. Always use a ladybird deed or a transfer on death deed for real property.   


Schedule a phone, zoom, or in person meeting with Travis Weaver, attorney, to answer your questions about a Miller Trust or Medicaid-paid nursing home care. Call 817-638-2022 to schedule your appointment.

Schedule a Lawyer Consultation

Questions about 3rd Party Trusts or qualifying for Medicaid-paid nursing home care? Schedule your  phone, zoom, or in person meeting with Travis Weaver, Attorney today > 

Call 817-638-2022

Give us a call today--

We look forward to helping you navigate legal waters.

Wills  | Trusts  | Probate  | Business

Medicaid-paid Nursing Home Care Guidance


Travis Weaver, Attorney  817-638-2022


Rick Weaver, Attorney     817-638-9016


Sara Correa, Attorney    817-638-2022

Weaver Firm - Attorneys

Serving Denton County, Wise County, Tarrant County, and the surrounding area including Argyle, Lantana, Bartonville, Highland Village, Robson Ranch, Flower Mound, Lewisville, and Decatur


Weaver Firm Attorneys

Travis Weaver, Attorney - Denton County

Sara Correa, Attorney - denton county

Bartonville Town Center

2650 FM 407, Suite 245  |  Argyle, Tx 76226  | 817-638-2022


Rick WeaveR, Attorney - Wise County 

101 W. First St.

Rhome, TX 76078  |  817-638-9016


Disclaimer- Regarding No Attorney-Client relationship

Rick Weaver and Travis Weaver of Weaver Firm - Attorneys present the information on this website as a service. While the information on this site is about legal issues, it is not legal advice, nor is it intended to be a substitute for legal counsel on any subject matter. This information does not form an attorney-client relationship. The information is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No reader should act or refrain from acting on any information included in, or accessible through, this website without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.


 COPYRIGHT © 2022 WEAVER LEGAL - ALL RIGHTS RESERVED. 

  • Home
  • Make Appointment
  • Price Info
  • Will & Trust Pricing
  • Wills
  • Probate
  • Trusts - General Info
  • Trusts - Special Needs
  • Trusts - Miller Trusts
  • Trusts - 3rd Party
  • Guardianship
  • Medicaid Nursing Home
  • FAQ - Medicaid-paid Care
  • 2025 Medicaid Rules
  • Elder Law
  • Business & Real Estate
  • Rick Weaver, Attorney
  • Travis Weaver, Attorney
  • Sara Correa, Attorney
  • Blog - Legal Tips & News
  • About Us
  • Contact Us
  • Pay Your Bill

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