California | Wills and Trusts
Legal Question
Does a special needs trust prevent medi-cal from collecting any costs against the trust that would be inherited by a person named in the trust?
Legal Answer
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Read More Answered By: Shahram Miri |
If the special needs trust is considered a third party SNT then Medi-Cal reimbursement is NOT required. For example, a parent who creates a SNT for their disabled child with the parent's property constitutes a third party SNT.
However, a first party SNT IS subject to Medi-Cal reimbursement. A first party SNT is a trust in which the person with the disability transfers his or her own assets into the trust.
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