Legal Question in Wills and Trusts in Massachusetts

Money held in trust

My mother is going into a nursing home for the rest of her life. She has $27K in an account labeled in her name ''ITF'' (in trust for) me. Can Medicare and Medicaid take that money for her care at will, or can I control how it is spent for the rest of her life?


Asked on 11/13/06, 3:38 pm

1 Answer from Attorneys

Re: Money held in trust

If the money is actually yours under a Trust, then Medicare can't touch it. If however it is simply money she has set aside for you, that is different.

If it is not money for you that has been actually gifted to you, then Medicare can use the money to reimburse itself. If it is money held under a Trust, then the Trust document may provide some protection.

I would suggest you meet with someone to discuss your alternatives here as quickly as possible. Please feel free to contact me, if you have more questions.

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Answered on 11/14/06, 1:46 pm


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