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Elder law planning helps older Nebraskans pay for long-term care without losing everything they’ve built. It includes Medicaid planning, trusts that can protect assets, and the papers that let family step in if you can’t decide for yourself. Planning works best years ahead, but help is still possible after a parent moves into care.
Nursing home Medicaid has a low asset limit. In Nebraska, a single person can generally have no more than $4,000 in countable assets. A married couple who both apply can have $6,000. Some things don’t count, like a home in many cases.
Medicaid looks back five years. When you apply for long-term care Medicaid, the state checks gifts and below-value sales from the past 60 months. A gift in that window can cause a period with no Medicaid coverage. This includes deeding land to children.
The yearly gift tax rule is not a Medicaid rule. Federal law lets you give $19,000 a year per person without a gift tax return. That gift can still count against you under the Medicaid look-back.
The spouse at home is protected. If one spouse needs care and the other stays home, the at-home spouse can keep a share of the couple’s assets, up to a federal limit, plus some income. Planning can make the most of these protections.
The state can recover costs after death. Nebraska can seek repayment from the estate for Medicaid benefits paid (Neb. Rev. Stat. 68-919). Good planning considers this too, especially for the home and farmland.
Farm assets raise their own questions. How land, equipment, and farm accounts count depends on how they’re owned and used. We look at your whole operation, not just a bank balance.
What we don’t handle: Medicaid appeals or fair hearings after a denial, and guardianships or conservatorships. If you need those, we’ll help you find the right lawyer.
Every elder law matter is a flat fee. You get the price in writing before we start. No hourly billing, and no bill for a quick phone call.
We serve families in every Nebraska county. Main office: 2308 E 5 Rd, Henderson, NE 68371.
Kole Pederson grew up on a family farm and knows what land means to a family. He has more than 15 years of hands-on farm work. He holds a JD/MBA from Drake University Law School, and he is licensed in Nebraska and Minnesota. About Kole
When you apply for long-term care Medicaid, the state reviews gifts and transfers from the past five years. Gifts in that window can lead to a period without Medicaid coverage. The length depends on how much was given.
Maybe, but timing and method matter a lot. A gift inside the five-year window can delay Medicaid. Gifts can also raise taxes for your kids later. Talk with us before you deed any land.
Your home often doesn’t count while you or your spouse live there. But Nebraska can seek repayment from your estate after death. Planning can help with both.
Not always. Crisis planning can still help in many cases. Call us as soon as you can, because some options shrink with time.
The spouse at home can keep a share of the couple’s assets, up to a federal limit, plus some income. The exact amount depends on your situation.
We don’t handle appeals or fair hearings. We focus on planning and applying the right way from the start.
Related pages: Nebraska Farm Estate Planning · Long-Term Care Protection · Farm Succession Planning · Nebraska Inheritance Tax Guide
Worried about nursing home costs? Book a free 30-minute call. The sooner you plan, the more choices you have.
Book a Free 30-Minute ConsultCall (816) MW-AGLAW
Last updated: October 27, 2026. Medicaid rules and figures change often. This page is general information, not legal advice for your situation.
