Legal Question in Wills and Trusts in Florida

I have questions regarding an irrevocable trust.

1) I would like to place a Florida condo apartment and my life insurance in an irrevocable trust. My girlfriend lives in a subsidized apartment in NJ and will get a Medicaid benefit soon. I would like my girlfriend and her daughter will be able to get this condo apartment as well as my Life insurance benefit after my death. However I also would like to apply for a Medicaid and a subsidized apartment in NJ (I already in a waiting list and may get it soon). As far as I know, it is legal ( because, once my Florida condo-apartment will be in the possession of the irrevocable trust, then I am not the owner of it since anymore since that day. If I do not own anything, then I may be eligible for a subsidized apartment and Medicaid. Is it true?)

If yes, then another question:

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After my death this condo apartment will stay in the same trust for the benefit of my girlfriend. and after her death - to your daughter.

I am afraid, that not my girlfriend neater her daughter will get anything after my death, because the Government will subtract all expenses it will spend for my Medicaid and subsidized apartment from my trust assets. And I also think that my stepdaughter will get zero after the death of my girlfriend because of the same reason( my girlfriend already lives in a subsidized apartment in NJ and gets Medicaid). In other words, are there any differences ( in term of above listed question between a Special Need Trusts and just regular Irrecoverable Trusts? In a special need trust a beneficiary will get whether zero or close to zero because the Government will certainly recalculate all Governmental expenses spent to the disable person during his or her LIFE TIME from the assets left after his/her death. The a beneficiary can get only what will left after those calculations. How about just normal irrevocable trust : the same calculations will be implemented as well? Or not? Please provide me with a clear answer about it.

3) Instead for me to be the only settler of the trust and make my girlfriend and my stepdaughter my beneficiaries, may be is would be more reasonable for all of us to become settlers of the irrevocable trust at once? Just three settlers. After the death of any of us, the survived person (people) would continue to use trust assets. In this situation, Government probably will not recalculate any expenses from the condo value after the death of any of the settlers, because the living people are also co-settlers, but not beneficiaries. If you think, it's possible, then the last question:

3) Should all three names be written in this condo Deed or it is not necessary? Presently, only my name is there. I do not think it's possible to place my girlfriend's name to the DEED because of her subsidized apartment, right? Do you know any other ways of solving this problem? Thank you very much for your help. I look forward to get information because I really need to create this trust, and I got lost how to do it.


Asked on 12/03/11, 4:42 pm

1 Answer from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

I suggest you contact an estate attorney. What you are asking could lead to fraud.

Read more
Answered on 12/05/11, 6:17 am


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