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If I have an irrevocable special needs trust that requires…

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If I have an irrevocable...
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: 2 years ago.Category: Estate Law
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Answered in 4 minutes by:
2/28/2016
Estate Lawyer: RayAnswers, Attorney replied 2 years ago
RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 47,724
Experience: Texas lawyer for 30 years in Estate law
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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.

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Estate Lawyer: RayAnswers, Attorney replied 2 years 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.

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Estate Lawyer: RayAnswers, Attorney replied 2 years 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.

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Estate Lawyer: RayAnswers, Attorney replied 2 years ago

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

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