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