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J. Warren
J. Warren, Attorney
Category: Estate Law
Satisfied Customers: 2240
Experience:  Experience in estate planning including wills, trusts and succession planning.
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I am a 64 year old single woman enjoying my father's

Customer Question

I am a 64 year old single woman enjoying my father's $500,000 irrevocable trust which I understand will go to my daughter upon my death. I am allotted about $3000 per month from this trust which I am very happy with and have funds of my own, SS, income etc. My concern is, if I am struck with Alzheimers or other long-term heath issue that wipes out my income, can this irrevocable trust be broken to help me?
Submitted: 11 months ago.
Category: Estate Law
Expert:  J. Warren replied 11 months ago.

Hello and welcome! I am an attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

Whether or not the trust can be used to pay for long term care depends on the terms of the trust agreement. Typically there is a provision in trusts that states that the trust principal can be used for health care and maintenance including long term care. So you will need to review the terms of the trust agreement itself. Chances are there is a provision that will allow the trustee to invade the trust corpus/principal to pay for long-term care if necessary.

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Expert:  J. Warren replied 11 months ago.

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