Protect Your House When You Want to Qualify for Medicaid
While you generally do not have to sell your home in order to qualify for Medicaid for nursing home coverage, it's possible f...
Read moreOn July 4, flanked by cheering supporters and with military jets soaring overhead, President Donald Trump signed the One Big Beautiful Bill Act (OBBBA) into law.
The signing ceremony, part of the Independence Day festivities at the White House, culminated in a fireworks show. But the biggest fireworks may still be ahead as key provisions of the law come into force. From ending the looming gift and estate tax exemption limits to slashing Medicaid funding, OBBBA brings changes that directly — and indirectly — impact estate and financial planning.
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Continue reading for a breakdown of several top-level takeaways from this “once-in-a-generation” legislation that is poised to shape generational wealth and family plans for decades to come.
For years, estate planners and high-net-worth families were racing the clock. The 2017 Tax Cuts and Jobs Act (TCJA), passed during Trump’s first administration, doubled the federal estate and gift tax exemption, along with the generation-skipping transfer (GST) tax exemption, but only temporarily.
Without action, the exemptions were set to drop back to pre-2017 levels (adjusted for inflation) at the start of 2026 due to a TCJA “sunset” provision that had many scrambling to lock in wealth transfers.
The OBBBA rewrites that narrative. Beginning in 2026, the federal estate, gift, and GST tax exemptions will increase to $15 million per individual (and $30 million per married couple), with inflation adjustments starting in 2027.
The bottom line: The higher federal limits buy time, but they don’t “sunset” the need for a thoughtful, up-to-date estate plan. Now is a good time to review your existing plan to ensure it still aligns with your goals.
While the new exemption limits will probably only impact around 1 to 2 percent (or fewer) of households, they’re just one small part of a sweeping, hundreds-of-pages-long law. Whenever tax laws change — and the OBBBA is full of tax changes — it’s recommended that you revisit your plan.
One of the more controversial parts of the OBBBA is the estimated $1 trillion in Medicaid cuts over the next decade.
Much of the debate has focused on work requirements for Medicaid — provisions that could result in more than 5 million adults losing coverage. But most Medicaid adults under age 65 are already working.
Less attention has been paid to how Medicaid cuts could impact the long-term care of millions of Americans, many of whom need these services due to disabling conditions and chronic illnesses.
In the United States, Medicaid is the primary payer for long-term care services, including institutional care like nursing homes and care provided in a person’s home or community. According to KFF, in 2020, 4.2 million people used these services, with Medicaid covering over half of spending.
States rely heavily on federal Medicaid funding, which generally covers 50 to 77 percent of traditional Medicaid populations and 90 percent of expanded Medicaid populations under the Affordable Care Act (ACA). In 2024, the federal government covered approximately two-thirds of total Medicaid costs. About one-third of Medicaid spending goes directly to long-term care services.
Reducing Medicaid spending (about 9 percent of the federal budget) could help offset the costs of extending TCJA tax cuts. But these reductions — including rollbacks to ACA Medicaid expansion funding — may lead to cuts or shifts in long-term care services and other Medicaid services.
The bottom line: Medicaid funds nearly half of U.S. long-term care spending and, by default, has become the nation’s long-term care program. But under OBBBA, and with ACA expansion funding rolled back, how — and how much — Medicaid covers will depend on your state.
Reviewing your long-term care plan now can help avoid gaps if future changes reduce eligibility or available services. Tools such as irrevocable trusts or private long-term care insurance could help protect your assets and secure care options if coverage rules change in your state. For those using a Medicaid “spend down” strategy, OBBBA’s changes, such as the new home equity cap, may require a fresh look at long-term care planning options to maintain eligibility.
The OBBBA has been called a “tax bill” and a “budget reconciliation bill” but it’s really a sweeping overhaul of financial, health care, and estate planning rules. In addition to long-term care and estate tax changes, the legislation:
These are just a few of the changes tucked into the OBBBA’s hundreds of provisions, each of which can ripple into others, affecting everything from gifting strategies and philanthropic plans to business succession and real estate transactions.
The bottom line: With so many moving parts, reviewing your estate plan, tax strategies, and long-term care arrangements has never been more important. A trusted advisor can help you evaluate your current circumstances and plans, understand how the OBBBA might affect them, and adjust strategies if needed.
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Read moreIn addition to nursing home care, Medicaid may cover home care and some care in an assisted living facility. Coverage in your state may depend on waivers of federal rules.
READ MORETo be eligible for Medicaid long-term care, recipients must have limited incomes and no more than $2,000 (in most states). Special rules apply for the home and other assets.
READ MORESpouses of Medicaid nursing home residents have special protections to keep them from becoming impoverished.
READ MOREIn addition to nursing home care, Medicaid may cover home care and some care in an assisted living facility. Coverage in your state may depend on waivers of federal rules.
READ MORETo be eligible for Medicaid long-term care, recipients must have limited incomes and no more than $2,000 (in most states). Special rules apply for the home and other assets.
READ MORESpouses of Medicaid nursing home residents have special protections to keep them from becoming impoverished.
READ MORECareful planning for potentially devastating long-term care costs can help protect your estate, whether for your spouse or for your children.
READ MOREIf steps aren't taken to protect the Medicaid recipient's house from the state’s attempts to recover benefits paid, the house may need to be sold.
READ MOREThere are ways to handle excess income or assets and still qualify for Medicaid long-term care, and programs that deliver care at home rather than in a nursing home.
READ MORECareful planning for potentially devastating long-term care costs can help protect your estate, whether for your spouse or for your children.
READ MOREIf steps aren't taken to protect the Medicaid recipient's house from the state’s attempts to recover benefits paid, the house may need to be sold.
READ MOREThere are ways to handle excess income or assets and still qualify for Medicaid long-term care, and programs that deliver care at home rather than in a nursing home.
READ MOREMost states have laws on the books making adult children responsible if their parents can't afford to take care of themselves.
READ MOREApplying for Medicaid is a highly technical and complex process, and bad advice can actually make it more difficult to qualify for benefits.
READ MOREMedicare's coverage of nursing home care is quite limited. For those who can afford it and who can qualify for coverage, long-term care insurance is the best alternative to Medicaid.
READ MOREMost states have laws on the books making adult children responsible if their parents can't afford to take care of themselves.
READ MOREApplying for Medicaid is a highly technical and complex process, and bad advice can actually make it more difficult to qualify for benefits.
READ MOREMedicare's coverage of nursing home care is quite limited. For those who can afford it and who can qualify for coverage, long-term care insurance is the best alternative to Medicaid.
READ MOREDistinguish the key concepts in estate planning, including the will, the trust, probate, the power of attorney, and how to avoid estate taxes.
READ MORELearn about grandparents’ visitation rights and how to avoid tax and public benefit issues when making gifts to grandchildren.
READ MOREUnderstand when and how a court appoints a guardian or conservator for an adult who becomes incapacitated, and how to avoid guardianship.
READ MOREWe need to plan for the possibility that we will become unable to make our own medical decisions. This may take the form of a health care proxy, a medical directive, a living will, or a combination of these.
READ MOREDistinguish the key concepts in estate planning, including the will, the trust, probate, the power of attorney, and how to avoid estate taxes.
READ MORELearn about grandparents’ visitation rights and how to avoid tax and public benefit issues when making gifts to grandchildren.
READ MOREUnderstand when and how a court appoints a guardian or conservator for an adult who becomes incapacitated, and how to avoid guardianship.
READ MOREWe need to plan for the possibility that we will become unable to make our own medical decisions. This may take the form of a health care proxy, a medical directive, a living will, or a combination of these.
READ MOREUnderstand the ins and outs of insurance to cover the high cost of nursing home care, including when to buy it, how much to buy, and which spouse should get the coverage.
READ MORELearn who qualifies for Medicare, what the program covers, all about Medicare Advantage, and how to supplement Medicare’s coverage.
READ MOREWe explain the five phases of retirement planning, the difference between a 401(k) and an IRA, types of investments, asset diversification, the required minimum distribution rules, and more.
READ MOREFind out how to choose a nursing home or assisted living facility, when to fight a discharge, the rights of nursing home residents, all about reverse mortgages, and more.
READ MOREUnderstand the ins and outs of insurance to cover the high cost of nursing home care, including when to buy it, how much to buy, and which spouse should get the coverage.
READ MOREWe explain the five phases of retirement planning, the difference between a 401(k) and an IRA, types of investments, asset diversification, the required minimum distribution rules, and more.
READ MOREFind out how to choose a nursing home or assisted living facility, when to fight a discharge, the rights of nursing home residents, all about reverse mortgages, and more.
READ MOREGet a solid grounding in Social Security, including who is eligible, how to apply, spousal benefits, the taxation of benefits, how work affects payments, and SSDI and SSI.
READ MORELearn how a special needs trust can preserve assets for a person with disabilities without jeopardizing Medicaid and SSI, and how to plan for when caregivers are gone.
READ MOREExplore benefits for older veterans, including the VA’s disability pension benefit, aid and attendance, and long-term care coverage for veterans and surviving spouses.
READ MOREGet a solid grounding in Social Security, including who is eligible, how to apply, spousal benefits, the taxation of benefits, how work affects payments, and SSDI and SSI.
READ MORELearn how a special needs trust can preserve assets for a person with disabilities without jeopardizing Medicaid and SSI, and how to plan for when caregivers are gone.
READ MOREExplore benefits for older veterans, including the VA’s disability pension benefit, aid and attendance, and long-term care coverage for veterans and surviving spouses.
READ MORE