Special needs trusts (also known as "supplemental needs" trusts) are an important component of planning for a di...Read more
There is no statute of limitations. Under the terms of the trust, after the beneficiary’s death the trustee is required to reimburse Medicaid for expenditures made on the beneficiary’s behalf. This is an affirmative obligation that does not depend on state initiative. That said, if the trustee has contacted the Medicaid agency and it has not responded, it puts the trustee in a pickle. The trustee must then decide whether to take the risk of distributing trust funds to remainder beneficiaries, perhaps requiring them to sign indemnification agreements that they will return the funds if the state comes calling.
For more information on special needs trusts, click here.
Local Elder Law Attorneys in Ashburn, VA
For Jeffrey Hammond, the practice of Elder Law is personal. Jeff’s many years of experience in law and in business did not prepare him for the crisis he faced in 2005 and 2006 when his father suffered a stroke and both of his parents suffered from dementia and other medical problems. At that time, Jeff began an i...
Ron M. Landsman has been practicing elder law since 1983, before it was known as elder law, originally with Landsman and Laster, Washington, D.C., then Landsman, Eakes and Laster, also in Arlington, VA, and since 1990 in his own practice in Montgomery County, Maryland. He has been among the most active members of the...