Irrevocable Trusts for Medicaid
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NYS Medicaid Law
When applying for Medicaid benefits for a loved one, an important planning strategy to employ is the establishment of a pre-paid funeral arrangement in the form of an Irrevocable Trust. Once established, it becomes a non-countable asset as Medicaid looks back over the prior sixty months to determine someone's eligibility and legitimate expenditures. If this strategy is not utilized and all funds of the applicant are taken by Medicaid before funeral arrangements have been paid for, the family will be left to shoulder the burden of the funeral costs from their own money at the time of need.
Star of David utilizes PREPLAN, the trust administered by the NY State Funeral Directors Association. This trust is acknowledged as the industry standard, placing the funds in an interest bearing, FDIC insured account. You may visit Preplan @ www.Preplan.org
It is important to note that funds earmarked for funeral services that are placed in an irrevocable trust cannot be returned, unlike funds placed in a revocable trust. Only Medicaid applicants or recipients are eligible for an irrevocable trust. All other pre-arrangements must be funded in a revocable trust where the purchaser may rescind the contract anytime and receive a full refund plus accumulated interest.
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