Funds in a revocable trust (often called a Revocable Living Trust or "RLT") are available to the Grantor (the person who set up and funded the trust). People establish RLT's to keep control of their assets and property during their lifetimes, and then have the assets pass to the beneficiaries they name in the RLT upon their death without needing to go through Probate.
Because the Grantor, or their agent, can revoke the trust and/or withdraw the money, the funds are available to pay for care.
If the Grantor needs long term care, Medicaid will consider anything in the Revocable Living Trust to be excess assets, and the RLT would have to be spent down before Medicaid approve an application for long term care benefits.
There are circumstances where assets in an RLT would not disqualify another trust beneficiary who was not the Grantor. So RLT's can be useful in planning for family members. You are best served by talking with an trusts and estates attorney or elder law attorney in your state, who can explain how you can use trust planning to protect your family.
Money given/put away whether to/for a person or an entity such as a trust within 5 years of needing medicaid will be considered a gift.
If a person needs long term care, his/her assets should be spent to pay for the care, not given away to heirs and let tax payers foot the bill. Not fair or right.
If heirs want to inherit all of the sick person's assets, then heirs should take full financial responsibility of the care.
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Because the Grantor, or their agent, can revoke the trust and/or withdraw the money, the funds are available to pay for care.
If the Grantor needs long term care, Medicaid will consider anything in the Revocable Living Trust to be excess assets, and the RLT would have to be spent down before Medicaid approve an application for long term care benefits.
There are circumstances where assets in an RLT would not disqualify another trust beneficiary who was not the Grantor. So RLT's can be useful in planning for family members. You are best served by talking with an trusts and estates attorney or elder law attorney in your state, who can explain how you can use trust planning to protect your family.
If a person needs long term care, his/her assets should be spent to pay for the care, not given away to heirs and let tax payers foot the bill. Not fair or right.
If heirs want to inherit all of the sick person's assets, then heirs should take full financial responsibility of the care.
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It can also be necessary if special restrictions are desired for any of the heirs.
The big downside though is the accelerated rate of taxes.
I have a much better grasp of the trust.