If my mom had a special needs Trust, who is the beneficiary now that she has died?

She sued a hospital and had that money put into the Trust. She bought a house with the money from the Trust. She recently passed away and always said she wanted me to have her house. So does the Trust own the house now?

Asked on August 17, 2014 under Estate Planning, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I am so sorry for your loss.  First I am assuming that the deed was in the name of the trust, correct?  That needs to be clarified.  As does that the reason for the trust was so that your Mother could receive benefits from the government, correct? So now what happens is that the state must be reimbursed for the care provided by them with the proceeds of the trust.  If there is enough to pay them from the money and not the sale of the house then you should be fine. I would speak with an attorney.  Good luck.

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