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Will Medicaid Count a Trust Benefitting Mom?

  • September 27th, 2013
Q
My mother is the primary beneficiary of a trust left by my grandfather. She is not a trustee, and my sister and I are secondary beneficiaries. Are the assets in this trust counted as assets by Medicaid? 
A

Probably not, but it depends on the terms of the trust. If the trustee controls the distributions to your mother and she has no right to demand payments, then the trust assets should not be counted by Medicaid.

Local Elder Law Attorneys in Ashburn, VA

William Fralin

The Estate Planning & Elder Law Firm PC
Bethesda, MD

Jean Ball

Hale Ball Carlson Baumgartner Murphy PLC
Fairfax, VA

Margaret O'Reilly

Margaret A. O'Reilly, PC
Herndon, VA


Last Modified: 09/27/2013

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