Illinois Judges says the Property in a Trust that Prevents Distributions that Interfere with Medicaid Eligibility is an Available Asset
In the case of Vincent v. Department of Human Services, an Illinois appeals court found that a trust that prevented the trustee from making distributions if it would interfere with receiving Medicaid benefits is an available asset for Medicaid eligibility purposes.
Mabel Vincent created an irrevocable trust with her daughter, Janice Reed, as trustee. The trust gave the trustee discretion to determine when to make payments from the trust, but it provided that the trust must not use trust assets if Ms. Vincent qualified for Medicaid.
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