Irrevocable Trusts

Control Disqualifies Trust From Medicaid Protection

Last month, a New Hampshire Court set an irrevocable trust and declared the assets therein available resources which should have been spent on long term care prior to Medicaid eligibility by the individual who established the trust. Specifically, in the Petition of Estate of Thea Braiterman No. 2015-0395 (N.H. July 12, 2016), the New Hampshire […]

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It’s Not Just Documents

Frank Casagrande set up an irrevocable trust in which he was to transfer his life insurance policies.  At the time, he was married to Roberta, who was named as the beneficiary of one of his policies.  The beneficiary designation was never changed. Subsequently, Frank divorced Roberta and married Rosemary. After Frank died, Rosemary filed an action […]

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What?! – I Can’t Amend My Irrevocable Trust?

I can’t tell you how many times I have heard this question, usually years after the irrevocable trust was signed: “You mean I can’t change the trust?” The short answer to the question is “No, an irrevocable trust is, by its terms, irrevocable and cannot be changed”. The long answer is… well, first some basics. […]

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