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lwpat, Attorney
Category: Legal
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Experience:  Actively practicing trial attorney
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my wife got a settlement where serequel was sued and it was

Customer Question

my wife got a settlement where serequel was sued and it was put in a special needs trust in indiana how can she transfer it to a trust at our bank and it not interfer with her medicaid
Submitted: 4 years ago.
Category: Legal
Expert:  lwpat replied 4 years ago.
Thank you for posting your question to JA/Pearl. Legal questions often take time for research or I may be offline so please be patient, I will reply.

A special needs trust is irrevocable and is under the jurisdiction of the probate court in the state where it was formed. I assume that you are asking how the bank in the state that you live in now can become the trustee of the trust. You can petition the probate court where the trust was formed to allow the bank to be the trustee and for the funds to be transferred to the bank as the new trustee of the trust. You would need to notify Medicaid in your new state of the existence of the trust since they have the right to audit the trust.
Expert:  lwpat replied 4 years ago.
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