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Re: Massachusetts irrevocable Medicaid trust

Marlborough, MA |

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.

Attorney Answers 3


  1. Best answer

    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 for educational purposes and no attorney-client relationship is formed by providing an answer to a question.


  2. 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.


  3. 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 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 is www.sjfpc.com. and his blog is <http://frommtaxes.wordpress.com/> Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are 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. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

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