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Recent Special Needs Trust questions
Can someone put property into a irrevocable special needs
Can someone put property into a irrevocable special needs trust, then 10 years later when it is sold for a profit, claim they didn't mean to put it in the Trust and demand they get paid 1/2 of the proceeds, when they are not the Beneficiary and he is still alive needing the funds received for the property for support?
My husband will probably end up on disability and I'm
my husband will probably end up on disability and I'm worried about our property and how to keep it. I'm sure I won't be able to afford his health insurance once he's not working full time and I would hate to loose our small acreage and home if he were to end up on Medicaid. Any ideas.Shelley
My mother is considering setting up a Wholly Discretionary
My mother is considering setting up a Wholly Discretionary Trust to place my inheritance into when she dies. The reason is so I will continue being eligible to receive Medicaid.However, my fondest hope is to work up my income to be able to go off Medicaid, and the inheritance income should get me close to doing so. My mother suggested having the inheritance transferred into the WDT, and then if after the dust settles I do indeed have the income to go off Medicaid, at that time request the trustee to early terminate the trust and give me all of the funds.Yet, this could cause me to have to repay all of my Medicaid benefits which I otherwise wouldn't have to do, if I'm understanding the topic correctly. Why? Only if you're over 55 or in a longterm care facility permanently (I'm 34 and live in an apartment) do you have to repay - UNLESS a trust with its additional rules is involved.In my research, I've seen that for such trusts to be valid they must contain a repayment clause, which states that the trustee will repay every dollar that Medicaid has paid out on my behalf, and THEN give me anything left over. However, if I just get the inheritance straight to me with no trust involved, then Medicaid can't ask for any repayment of the benefits I've received over the last 3 years I've been on it. Is this right?Second, according to http://www.aacolpa.com/blog/our-child-has-special-needs-do-we-need-a-wholly-discretionary-trust/, a repayment clause isn't necessary:"Specifically, a new special needs planning tool became available to Ohio residents back in 2008 with the decision in the case of Pack v. Osborn,*****3d 14, 2008-Ohio-90. In that case, the Ohio Supreme Court held that a trust that gave the trustee the sole discretion to make (or not make) distributions of income and principal for the beneficiary would be considered as an unavailable resource for purposes of determining Medicaid eligibility.This new “wholly discretionary trust” approach is a substantial improvement over the other Medicaid qualifying trusts created by Ohio law. The wholly discretionary trust need not have a “payback” provision (the other trusts have either a 50% payback or 100% payback requirement), and it does not have several of the qualifying conditions that the other trusts have."My Info:-I'm 34-Live in Ohio- I don't recieve SS disability or SSI, nor do I want to, so you don't need to consider how a WDT would impact that type of benefit.
Wondering if a person on Title 19 who inherits money has to
Hi. Wondering if a person on Title 19 who inherits money has to give the money up.JA: Because laws vary from state to state, could you tell me what state is this in?Customer: ConnecticutJA: Have you talked to a lawyer yet?Customer: not yet..i am doing research first.JA: Anything else you think the lawyer should know?Customer: probably a ton! My mother has been on title 19 for over a year. My aunt passed away and left money to her siblings. we had an attorney help us get her qualified and paid them for overseeing things for a year. this year we have done it ourselves as my moms health has improved and her cognition is better. she was sent a check. we can not afford for her to lost title 19 as she is disabled. we have a handicapped brother that we had tried to get the money given to so we could put it in escrow for his care. however, it was not possible to do we were told.JA: Because laws vary from place to place, can you tell me what state this is in?Customer: she is 68 and her SS is 1,000 a month and this is her only income.JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Estate Lawyer about your situation and then connect you two.
I'm trying to shield the house in the event both my
i'm trying to shield the house in the event both my parents go into nursing homes on Medicaid my thought was to include it in the special needs trust but that would leave them approx. 1000 a month in extra income for not having to maintain the house. that would accumulate rapidly. would their best bet be to reinvest it in the special needs trust? and can you add money to a third party trust after the fact
My parents are setting up a special needs trust both to helpView more estate law questions
my parents are setting up a special needs trust both to help me and keep their assets in the under 8k limit for Medicaid if the trust pays taxes etc. they will have extra income is the trust a living entity where they can keep adding to itor does it then require a pooled trust as opposed to a third party trust do you have any other recommendations of what they do with their extra income as a result of less bills