Homestead Limits for Texas Medicaid

Dear Mr. Premack: With regards to Medicaid, how many acres are allowed in a Homestead? Can there be a country road that runs through the property for the Homestead claim? KF

Texas Medicaid regulations do not restrict the number of acres that can be counted as homestead. If there is a country road that runs through the property, the road is not considered to interrupt the homestead. Law does require that the homestead property be “contiguous” – that is, you cannot claim as homestead 40 acres in Comal County and another 60 acres in Medina County; nor can you claim as homestead 100 acres all in Comal County that are separated by another person’s acreage. But a road or railroad is not the type of item that renders the property non-continguous.

While there is no maximum acreage allotment, there is a maximum value allowed. The homestead cannot exceed $552,000 in value (unless there is a spouse or under-21 child or disabled child of any age living on the property, in which case there is no value limit).

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Paul Premack has been a Board Member and has served as President of the Texas Chapter of the National Academy of Elder Law Attorneys (NAELA) and is a Member of the Washington Chapter of NAELA. He is *Certified as an Elder Law Attorney (CELA) by the National Elder Law Foundation as accredited by the Texas Board of Legal Specialization and the ABA. He is licensed to practice law in the States of Texas and Washington and handles Estate Planning and Probate in Texas and Washington, including and Bexar County and King County Probate, Wills, Living Trusts, Durable and Medical Powers of Attorney, and Elder Law. Premack writes the legal column for the San Antonio Express News which is syndicated in other Hearst Newspapers around the USA.

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