Houston, TX asked in Elder Law for Texas

Q: Hi, does a Lady Bird Deed allow someone to qualify for medicaid who would not qualify because of home ownership?

My boyfriends mother owns a house in Austin that has drastically increased in value but is currently in great disrepair. I want to figure out how to help her fix her house up to make it more livable and safer for a person in their 70's and help her qualify for Medicaid benefits. She is currently living and paying high property taxes on her very meager monthly income and I also think she may qualify for more benefits than she currently gets. She is afraid of doing anything that would jeopardize her benefits but i think there are more services out there that could really help her.... Thank you for any answers to these questions and I hope that you have a fantastic day!!

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1 Lawyer Answer
Terry Lynn Garrett
Terry Lynn Garrett
  • Elder Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: In Texas a home is not counted in determining eligibility for nursing home Medicaid.

The effect of a Lady Bird Deed is to transfer ownership of the home on death, free of probate and so, in Texas, free of Medicaid estate recovery. A Lady Bird Deed has no effect on ownership or property taxes while the owner is alive. Nor does it affect Medicaid eligibility.

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