Free senior care guidance for Austin-area families. No cost to you, ever.
Call (737) 273-3575
Austin Senior Advisor

Will Texas take my mother's house after she goes on Medicaid?

Texas may file an estate recovery claim after death if she was 55 or older when receiving services and first applied for long-term services on or afte

Quick answer

Texas may file an estate recovery claim after death if she was 55 or older when receiving services and first applied for long-term services on or after March 1, 2005. This covers nursing home care and STAR+PLUS. Texas never recovers more than it paid, and exemptions and hardship waivers exist.

HomeQuestionsWill Texas take my mother's house after she goes on
Answer

Texas may file an estate recovery claim after death if she was 55 or older when receiving services and first applied for long-term services on or after March 1, 2005. This covers nursing home care and STAR+PLUS. Texas never recovers more than it paid, and exemptions and hardship waivers exist.

The detail behind the number

Possibly, through the Medicaid Estate Recovery Program, and the conditions are narrower than the fear suggests. Recovery applies where the recipient was 55 or older when services were received and first applied for long-term services on or after March 1, 2005.

The state never recovers more than it actually paid, and it recovers from the estate after death rather than taking property during life. Exemptions and hardship waivers exist, including protections where a surviving spouse or certain dependents remain in the home.

This is genuinely a question for a Texas elder law attorney rather than a website. Planning done well in advance has options that planning done during a crisis does not, and some strategies carry look-back consequences that make things worse if attempted late.

Related questions

Questions Austin families ask

Will Texas take my mother's house after she goes on Medicaid?

Texas may file an estate recovery claim after death if she was 55 or older when receiving services and first applied for long-term services on or after March 1, 2005. This covers nursing home care and STAR+PLUS. Texas never recovers more than it paid, and exemptions and hardship waivers exist.

Not sure where to start?

Answer five questions and a local advisor will come back with senior care options in the Austin area that actually fit your situation and budget. It is free, and there is no obligation.

Find care options
Find senior care — free