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My mother is changing her estate. One of those changes is to set up a trust for me when she passes versus giving me monies outr

My mother is changing her estate. One of those changes is to set up a trust for me when she passes versus giving me monies outright.

We did this to protect me from say I get a big hospital bill, if the monies go to me outright, I have to fork it over.

Apparently I can not get monies outright and set up a trust and afford the same protection.

My question is, Laws will be different years from now. What happens if the trust is written and laws are different so I can't take advantage of something or due to changing laws I am skrewed on something.

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Attorney answers (3)

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Reputation Level 16
The answer depends on the laws in the state where the trust is set up AND the language in the trust document itself. If the trust provides that an "independent" trustee or an "independent" trust protector/advisor can reform the trust to comply with changes in the laws and if the state permits such changes, then the trust can be changed to meet your changing requirements.

Your mother should discuss this with her estate planning lawyer and incorporate the necessary language into the trust document (after all, even if the state does not permit changes in the trust now doesn't mean that the laws themselves might not be changed in the future to permit changes).

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

Reputation Level 20
You are correct that laws may change things in the future, but the trust document, if drafted properly, should provided the trustee with built in flexibility to adjust to changing conditions. This is where having a properly drafted trust done by an attorney with a lot of experience can be of tremendous service to the family. So the real point here is to make sure your mother has a top flight estate planning attorney. This will protect you in most cases for changing laws and changing family situations and needs.

Hope this helps.

LEGAL DISCLAIMER
Mr. Fromm is licensed to practice law in PA. The response herein is not legal advice and does not create an attorney/ client relationship. The response is only in the form of legal education and is intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received.
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Reputation Level 8
If the trust is drafted as a discretionary trust it is very likely that the laws will not change so dramatically that they would open the trust to creditors. If an independent trustee is given the power to amend the trust to take advantage of new laws, then the problem can be avoided. This is why it's important to hire a top attorney.

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