Legal Question in Wills and Trusts in Massachusetts
If you amend a revocable trust to an irrevocable trust do you have to start from ground zero with respect to the 5 year look back period?
Asked on 5/03/10, 5:58 am
1 Answer from Attorneys
Yes, the permanent disposition of the property in the trust is the date of amendment and as such is subject to the 5 year look back. So if the irrevocable trust provisions were done April 1, 2010, the person making the gift has to include those assets until April 1, 2015 in dealing with Medicaid.
Answered on 5/08/10, 4:15 pm
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