Legal Question in Wills and Trusts in California

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?


Asked on 1/31/10, 12:08 pm

1 Answer from Attorneys
Shahram Miri Law Offices of Shahram Miri (408) 866-8382

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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Answered on 2/05/10, 12:24 pm


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