Re: Massachusetts irrevocable Medicaid trust

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? Thank-You.

Marlborough, MA -

Attorney Answers (3)

E. Alexandra Golden

E. Alexandra Golden

Trusts Attorney - Needham, MA
Answered

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.

Sasha Golden
781-433-8665
http://www.goldenlawcenter.com

E. Alexandra "Sasha" Golden is a Massachusetts lawyer. All answers are based on Massachusetts law. All answers are... more
Christopher W. Vaughn-Martel

Christopher W. Vaughn-Martel

Family Law Attorney - Boston, MA
Answered

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.

Steven J. Fromm

Steven J. Fromm

Trusts Attorney - Philadelphia, PA
Answered

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.

Please remember to designate a best answer to your question.

Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website for more tax, estate and business articles is www.sjfpc.com. and his blog is

LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia... more

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