Is an irrevocable trust protected from Medicaid?

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asked Sep 21, 2018 in Other-Finance by Oliverjoliver (260 points)
Is an irrevocable trust protected from Medicaid?

1 Answer

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answered Sep 21, 2018 by Gracy (132,100 points)
Sometimes the irrevocable trust can protect assets from Medicaid but sometimes it cannot.

It depends on what is exactly stated in the terms of the Irrevocable trust and what was signed off on.

You should always have a lawyer go over the irrevocable trust with you when signing and setting up one to be sure that Medicaid or others cannot get the assets or money from your Irrevocable trust.

It also depends on whether the trustee has discretion to spend the assets or not and Medicaid will still count the transfer of the assets to the trust as a disqualifying transfer.

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