Planning for Life

Trust May Be Reformed to Avoid MassHealth Payback

Posted by Harry S. Margolis on April 29, 2021

By Harry S. Margolis

special-needs-trust-MassHealth-payback-Wellesley-MA-02481

A mistake many non-elder law and special needs practitioners made, especially early on, was to use so-called (d)(4)(A) trust forms for third-party special needs trusts. The problem with doing so is that it unnecessarily subjects any funds remaining upon the beneficiary's death to repayment to Medicaid (MassHealth in Massachusetts) for the cost of services covered.

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Topics: estate recovery, (d)(4)(A) trust

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