May the grantor of an inter vivos trust be its trustee even if the trust is irrevocable & especially if the irrevocable trust is a Massachusetts Medicaid (planning) trust?
Also what is the current "look-back" period in Massachusetts?
Elder Law Attorney
MassHealth treats any irrevocable trust as disqualifying if the trustee, grantor and living beneficiary are all the same person. Assuming that the grantor is also the beneficiary, the grantor/beneficiary's ability to control the trust is extremely limited -- and even the few limitations that are put into these trusts are now coming under attack from MassHealth.
The lookback period for any transfers, whether as gifts to children or transfers to trusts, is five years.
Please see an experienced elder law attorney for further guidance.
E. Alexandra "Sasha" Golden is a Massachusetts lawyer. All answers are based on Massachusetts law. All answers are for educational purposes and no attorney-client relationship is formed by providing an answer to a question.
Real Estate Attorney
As Attorney Golden wisely advised, please seek the good counsel of an estate planning attorney. There are significant consequences to getting this wrong, which will cost you much much more than doing it right in the first place.
Both attorney offer sound advice. Get with an elder law attorney BEFORE you do anything. It is a huge mistake to do this on your own. You would be well served to call Ms. Golden as she has answered hundreds of questions on this topic and it appears she really knows her stuff.
Hope this helps.
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