Welcome to Bustos Family Law


Aging can bring with it a variety of challenges, but navigating the complex world of elder law doesn’t have to be one of them. At Bustos Family Law, we provide compassionate and clear guidance to seniors, caregivers, and family members seeking to secure their loved ones’ financial stability and care. Whether you’re addressing Medicaid eligibility, protecting assets, or setting up legal agreements, we’re here to provide personalized solutions to meet your unique needs.

Our Legal Services

We offer a wide range of estate planning services tailored to meet your needs:

Asset Protection Worried about losing your hard-earned assets to long-term care costs or unexpected medical expenses? Our team can help safeguard your property and savings through customized asset protection strategies.

Texas Medicaid Eligibility Qualifying for Medicaid in Texas can be daunting due to strict income caps and asset rules—but we’re here to simplify the process. Our team can help you determine your eligibility, explain what you can keep, and guide you through the application process.

Qualified Income Trust (QIT) If your income exceeds Medicaid’s eligibility cap (currently $2,901/month in 2025), you may still qualify by establishing a Qualified Income Trust (also known as a Miller Trust). We’ll help you set up a QIT, ensuring compliance and access to benefits.

Family Caregiver Agreements Caring for an aging loved one? A Family Caregiver Agreement can provide compensation for your time and effort. We’ll draft legally sound agreements to give you peace of mind while protecting Medicaid eligibility for your loved one.

Understanding Texas Medicaid Eligibility

Income and Asset Guidelines

      Medicaid eligibility in Texas requires careful consideration of both income and assets, and the rules can be complex. For example:

 

    Income Limit: The 2025 income cap is $2,901/month with no deductions for medical expenses. However, a Qualified Income Trust (QIT) can help redirect excess income toward personal needs, medical costs, and nursing home co-pays while preserving Medicaid eligibility.Assets You Can Keep:

  • A personal residence with equity up to $730,000 (as long as there’s an intent to return home).
  • One vehicle; a second if handicapped-accessible.
  • Prepaid funeral expenses and burial plots.
  • IRA/401(k) accounts that are actively making Required Minimum Distributions.

Passing Your Home Without Medicaid Recovery

Unlike many states, Texas allows you to preserve your home through careful planning:

  • A properly executed Lady Bird Deed allows you to transfer property to loved ones without triggering Medicaid penalties.
  • Your spouse, minor/disabled children, or children who provided caregiving can inherit your home free of Medicaid claims.

    • Navigating Medicaid’s Limitations

    Medicaid systems can vary greatly between states, and Texas has one of the most restrictive setups, offering only $75/month for personal needs for nursing home residents. Our team can help you make the most of available benefits while mitigating these limitations.

    Why Choose Bustos Family Law?

    Unlike many states, Texas allows you to preserve your home through careful planning:

  • Professional Expertise: Our attorneys are passionate about elder law, giving you the confidence that you’re working with a team who is adept in Medicaid eligibility, asset protection, and long-term care planning.
  • Empathetic, Client-Focused Approach We understand the challenges families face in planning for aging loved ones. Our goal is to help you make informed decisions with compassion and clarity.
  • Tailored Solutions No two situations are the same. We’ll adapt our advice and strategies to your unique goals and circumstances, ensuring personalized service every step of the way./li>
  • Comprehensive Support From legal advice to document preparation, we provide full-service support to make the process as seamless as possible./li>
    • What is a Qualified Income Trust (Miller Trust), and how does it work?

    A Qualified Income Trust (QIT), also known as a Miller Trust, allows individuals whose income exceeds Medicaid’s cap to still qualify for benefits. The trust directs excess income toward expenses like nursing care, unreimbursed medical costs, and a spouse’s maintenance allowance. Once created, Medicaid pays any remaining nursing home expenses at a whole-sale cost.

    Are all assets counted when determining Medicaid eligibility?
    No, not all assets are counted. For example, your primary home (up to $730,000 of equity), one vehicle, and personal property like wedding rings or burial plots are exempt. Our team can help identify which of your assets are protected.
    How can I protect my home and still qualify for Medicaid?
    Using tools like the Lady Bird Deed, you can transfer your home to loved ones while retaining lifetime use and avoiding the Medicaid Estate Recovery Program. This ensures your family can inherit your home without undue financial burdens.
    Can I still qualify for Medicaid if I’ve made recent gifts?
    Medicaid imposes penalties for transferring assets below fair market value. The penalty period depends on the gift’s value. However, there are exceptions, such as transfers to a spouse, a disabled child, or a specific type of trusts.
    How can Bustos Family Law assist caregivers?
    We can create Family Caregiver Agreements to formalize caregiving arrangements and ensure compensation for family members providing care, all while preserving Medicaid eligibility for your loved one.

    Start Planning Today

    At Bustos Family Law, we believe proper planning brings peace of mind. Whether you’re a senior looking to secure your future, a caregiver seeking support, or a family member helping a loved one, we’re here to guide you every step of the way.

    Contact us today to schedule a consultation, and take the first step toward protecting your assets and ensuring care for the future.

    Contact Us Today