Fort Worth, TX asked in Estate Planning and Elder Law for Texas

Q: am I eligible for medicaid in texas with eligible SS income and resources, but also a testamentary trust ?

My SS retirement income and personal resources make me eligible, but there's also a 30 year old, irrevocable, testamentary, spendthrift trust from my father in which I am the beneficiary, and the trustee has full discretion regarding any disbursements .

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1 Lawyer Answer
Nina Whitehurst
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  • Estate Planning Lawyer
  • Crossville, TN

A: As a general rule, the Social Security Administration takes the position that if a trust beneficiary does not have the legal authority to revoke or terminate a third party trust (a trust created by neither the beneficiary nor the beneficiary's spouse) or to direct the use of the trust assets for the beneficiary's own support and maintenance, the trust principal is not the beneficiary's countable s resource. However, much depends on the exact wording of the trust.

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