How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask RayAnswers Your Own Question
RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 36925
Experience:  Texas lawyer for 30 years in Estate law
8534270
Type Your Estate Law Question Here...
RayAnswers is online now
A new question is answered every 9 seconds

If I have an irrevocable special needs trust that requires

Customer Question

If I have an irrevocable special needs trust that requires Medicaid reimbursement upon my demise and I get married, is there anyway to alter the trust to leave my assets to my spouse?
Submitted: 9 months ago.
Category: Estate Law
Expert:  RayAnswers replied 9 months ago.

Hi and welcome to JA Ray here to help you today.

Unfortunately no medicaid is always going to be the first beneficiary, however you can add husband as secondary beneficiary--he would get any left over funds after medicaid is repaid.One of the requirements of an SNT is that medicaid gets repaid first.It is in your interest here to spend the funds while you can so medicaid doesn't get them.

You would not have been able to do this even if you were married before the trust, medicaid here always gets repaid first, husband can be secondary beneficiary for any left over funds.

I appreciate the chance to help you today.Thanks again.

Expert:  RayAnswers replied 9 months ago.

You woudldneed a trust amendment here to your SNT to add spouse as secondary beneficiary for any left over funds.Thats the best you can do here.

Expert:  RayAnswers replied 9 months ago.

You would need a trust amendment here to your SNT to add spouse as secondary beneficiary for any left over funds.Thats the best you can do here.

Expert:  RayAnswers replied 9 months ago.

If you can positive rate when we are done it is always sincerely ***** ***** again.

Related Estate Law Questions