Will creating a trust protect my parents' estate if/when one of them requires long term care?

February 28, 1999

From:  Joan McWilliams
Date:  Fri, 19 Feb 1999

I've been searching the internet for an answer to my father's question... will creating a trust protect my parents' estate if/when one of them requires long term care. He was told that it will protect assets and allow them to qualify for Medicare/MediCal benefits in the event one of them must go into a care facility. Can you answer this question?

Joan McWilliams
Senior Instructor
FileNET Corp., Education

Answer

Date:  Sun, 28 Feb 1999

Hello Joan,

Your question is not really a tax question, but a legal question.

There are trusts, called "special needs trusts" that are sometimes used in Medicare planning.

I suggest that you consult with an attorney that works in Elder Law about this issue.

Let me know if you need a referral in the Silicon Valley area.

Good luck!
Mike Gray

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