In spending down assets to qualify for Medicaid, are investments that are the “separate property” of a wife fr...Read more
To start, we strongly recommend that you go back to the attorney who drafted the trust or another elder law attorney in the state where your mother lives. The answer to your question may depend on the terms of the trust and on state law. In addition, sometimes either state law or the state’s interpretation of its own laws change over time. To find an attorney near you go here: http://www.elderlawanswers.com/elder-law-attorneys.
That said, if your mother has been receiving the income from the trust, then it appears she has this right under the trust document and that right will continue. She will have to keep receiving the income and report it to Medicaid.
Local Elder Law Attorneys in Ashburn, VA
Margaret A. O’Reilly is an estate planning and elder law attorney with over thirty-five years of legal experience. Attorney O’Reilly graduated from Duke University with a degree in psychology, and received her law degree from Northeastern University School of Law in Boston, Massachusetts. For over 15 y...
John Laster is a lawyer licensed to practice in Virginia, Maryland and the District of Columbia. He limits his practice to wealth transfer planning, trusts, wills, powers of attorney, health care decision-making issues, estate administration and related tax, elder law and disability concerns. Listed in The Best Lawyers...