Legal Question in Wills and Trusts in Massachusetts
Could you tell me what this means my Mom left me a trust in the will it reads "to be held in trust and used fir the supplemental needs of Joan xxxxxxx, for items not otherwise covered by any state or federal entitlements that she is receiving and is no way intended to replace those entitlements or disqualify Joan from receiving such entitlements."
Does this mean Jan's own savings has to be at zero to access this trust?
I live in Maine but the will is in Massachusetts, Barnstable county.
Thank you
2 Answers from Attorneys
This does not mean that Jan's own savings have to be at zero to access this trust. It is probably a special needs trust that is written to prevent the property of the trust to be spent on Jan in a way that would cut her benefits. But it all depends on how the rest of the trust is written.
The trust income and assets are to be used to supplement Jan's income and to pay for her needs but only in such a manner that would not reduce any benefits from government programs or other sources of income.
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