What assets are exempt from Medicaid in Texas?

Asked by: Burnice Bashirian  |  Last update: August 6, 2025
Score: 4.7/5 (10 votes)

Exemptions include personal belongings, household furnishings, an automobile, and irrevocable burial trusts. In TX, IRAs / 401Ks are exempt if they are in “payout” status. This means that the owner is withdrawing the Required Minimum Distribution (RMD). One's primary home is also generally exempt.

How do I protect my assets from Medicaid in Texas?

Medicaid Asset Protection Trusts are irrevocable living trusts that allow you to preserve your assets and give ownership to a designated beneficiary. Because you no longer own this property, Medicaid recovery efforts won't be able to touch these funds should you need long-term care assistance.

What is the bank account limit for Medicaid in Texas?

Medicaid asset limits

Single: $2,000 for all Medicaid programs. Married applying jointly: $3,000 for all Medicaid programs. Married with only one spouse applying: $2,000 for the applicant and $154,140 for the non-applicant for Institutional Medicaid and Medicaid Waivers; $3,000 for Regular Medicaid.

How far back does Medicaid look at assets in Texas?

The state will look back for five years to determine if you have transferred assets (including transfers made by your spouse). Thus, you need to begin planning for Medicaid long before you may require long-term care.

Can you own a house and be on Medicaid in Texas?

Financial eligibility for Medicaid is determined by examining both income and assets. In addition, although Texas is a community property state, the concept of community property is ignored in determining financial eligibility for Medicaid. But some assets, including your home, are not counted.

What Assets Are Exempt From Medicaid Estate Recovery Rights? - CountyOffice.org

27 related questions found

How to protect assets from Medicaid look back?

By transferring your assets into an irrevocable trust, you effectively remove them from your ownership, thereby protecting them from Medicaid's asset requirements. However, it's important to note that once assets are transferred to an irrevocable trust, you no longer have control over them.

What are non countable assets for Medicaid in Texas?

There are also many assets that are exempt (non-countable). Exemptions include personal belongings, household furnishings, an automobile, and irrevocable burial trusts. In TX, IRAs / 401Ks are exempt if they are in “payout” status.

What disqualifies you from Medicaid?

In general, a single person must have no more than $2,000 in cash assets to qualify. If you're over 65, the requirements are more complex. Whatever your age, there are strict rules about asset transfers. Medicaid may take into consideration any gifts or transfers of cash you've made recently.

How do I avoid Medicaid estate recovery in Texas?

Transfer to a Spouse: If you have a living spouse, transferring the home to them can protect it from Medicaid recovery, as the state doesn't recover from the estates of surviving spouses. Transfer to an Exempt Individual: Transferring your home to certain other individuals may exempt it from recovery.

Which of the following is a counted asset for determining Medicaid eligibility?

Assets include bank accounts, cash, a second vehicle, homes, and other financial resources.

How do I protect my bank account from Medicaid?

One such option to protect assets is a Medicaid Trust. By placing some of your assets in an appropriate trust, you can protect them from Medicaid and have them not be counted when you are applying for benefits.

Does owning a car affect Medicaid?

However, if you don't use the vehicle for transportation, Medicaid won't consider it exempt. If you own a second car, it will likely be considered an extra vehicle and included in your eligibility assessment. But it might be excluded from your total assets if: You have a medical need for it.

Do you have to pay back Medicaid in Texas?

If you received Medicaid long-term services and supports, the state of Texas has the right to ask for money back from your estate after you die. In some cases, the state may not ask for anything back, and the state will never ask for more money back than it paid for your services.

Can you hide assets to qualify for Medicaid?

Purposely not disclosing asset information in order to gain Medicaid eligibility is illegal. It is fraud, and consequences for hiding assets can be severe, including jailtime and hefty fines. Furthermore, persons should not gift assets as a means to “hide” them and qualify for Medicaid.

Do you have to pay back Medicaid if you inherit money?

If the inheritance is modest, or it has been spent down within the month, Medicaid may only deem you ineligible for a certain period of time. It is important to note that depending on when you report the inheritance you may have to pay back the cost of any Medicaid benefits you received during that time.

Can a nursing home take your inheritance?

No one “takes” assets from the patient; the nursing home simply requires payment for its services if the patient intends to reside in the nursing home. The notion of assets being seized by the government or a nursing home is only one of several misconceptions about paying for long term care.

How do I protect my inheritance from Medicaid?

Medicaid Asset Protection Trust (MAPT)

The grantor names a trustee, who manages the trust, and a beneficiary (or beneficiaries) who inherits the assets contained in the trust following the grantor's death. MAPTs also protect assets from Medicaid's Estate Recovery Program (MERP).

What is a lady bird deed in Texas?

A Lady Bird deed is a type of real estate deed. It says who will inherit the property when the owner dies. It is known as an "enhanced" life estate deed, where the owner retains full ownership and control of property while they are alive.

Can Medicaid take proceeds of home sale while alive?

CA eliminated their Medicaid (Medi-Cal) asset limit effective 1/1/24. Medi-Cal applicants and beneficiaries can have unlimited assets and still be eligible for Medi-Cal. They could sell their home and it have no impact on their eligibility. The state, however, continues to have an Estate Recovery Program.

How often does Medicaid check your bank account?

Medicaid agencies can check your account balances for bank accounts at any financial institution you've used in the past five years. They will check when you submit an application and on an annual basis, but checks can occur at any time.

What triggers a Medicaid investigation?

Although each state statute is slightly different, MFCU investigations always involve: billing fraud involving the Medicaid program; abuse and neglect of residents within facilities that receive Medicaid payments; and. misappropriation of patient funds by such health care facilities.

What is the asset limit for medical in 2024?

Starting January 1, 2024, California became the first state in the country to completely eliminate asset limits for their state-based Medicaid program. Assets, such as bank accounts, cash, second vehicles, and homes are no longer counted when determining Medi-Cal eligibility.

Does Medicaid check your bank account in Texas?

Medicaid verifies an applicant's income by checking regular deposits and sources of funds. They also verify their addresses to comply with residency requirements. Moreover, bank statements help prevent Medicaid fraud.

What is an exempt asset for Medicaid?

There are “countable assets” and “exempt assets”. An applicant's home furnishings and appliances, personal items, vehicle, and generally their home, are exempt. For home exemption, an applicant (or their spouse) must live in their home or the applicant must have “Intent to Return”.

How much money can you have in the bank and still qualify for Medicaid in Texas?

To meet the financial guidelines for the program: The amount of money you earn each month from a job or self-employment must be less than $3,138 before any taxes, deductions or exclusions; and. The value of the things you own, such as cash, bank accounts and other assets, must be no more than $5,000.