If I make a living Trust naming my mother as the beneficiary but she is receiving Medicaid benefits, will receiving the Trust disqualify her for those benefits?

If so, is there a way to avoid this?

Asked on December 6, 2013 under Estate Planning, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Yes, her receipt of actual monies from your trust could disqualify your mother from receiving Medicaid benefits if the living trust you desire is not properly drafted. I suggest that a competent estate planning attorney in your community be consulted to have a discretionary provision of benefits in the document for your mother. One can be found on attorneypages.com.

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