Legal Question in Wills and Trusts in California

This depends upon the language of the trust agreement (and whether or not it is irrevocable).

It depends on the type of public benefit. For some needs-based public benefits, such as Medi-Cal, the person must have limited resources. Most trusts would be counted when determining whether the person qualifies for these need-based public benefits. In that case, a special needs trust is the only way that both resources and the needs-based benefit can be preserved.

That being said, not all public benefits are needs-based. Entitlement programs such as SSDI, Medicare, or Social Security do not depend on the amount of assets held by an individual, whether in trust or otherwise.

Palo Alto Estate Planning Attorney