Q&A

What happens when you receive money from a trust?

What happens when you receive money from a trust?

When trust beneficiaries receive distributions from the trust’s principal balance, they do not have to pay taxes on the distribution. The trust must pay taxes on any interest income it holds and does not distribute past year-end. Interest income the trust distributes is taxable to the beneficiary who receives it.

How long do you have to settle an estate in WV?

If there is anyone to whom the deceased person owed money, they have only 60 days to file a claim against the estate to get paid. No claims for repayment from the estate will be accepted after this 60-day period.

When does a settlement trust have to be established?

Pursuant to 42 U.S.C. §1396p (d) (4) (A), a SNT can only be established “if the State will receive all amounts remaining in the trust upon the death of such individual up to an amount equal to the total medical assistance paid on behalf of the individual under a State plan under this subchapter.”

Can a settlement trust pay food and shelter?

The trust generally cannot pay expenses that are “food and shelter”, which are part of the SSI disability benefit payment. Nevertheless, even “shelter” expenses are broadly defined and would exclude payments by the trustee directly to a cleaning service employed to clean an injury victim’s home.

How does a revocable trust work for Medicaid?

If the assets are in a revocable (can be changed or terminated) trust, Medicaid considers the assets to still be owned by the Medicaid applicant. This is because the person who created the trust still has control over the assets held in the trust. Therefore, the assets are counted towards Medicaid’s asset limit.

What can go into a Medicaid asset protection trust?

What Type of Assets can go in an Asset Protection Trust? A number of different types of assets can be put into a Medicaid Asset Protection Trust, including one’s home. When a trustee places his or her home in a MAPT, he or she can continue to live in the home. In fact, it is even possible to sell the home and for the trust to buy another one.

What’s the best way to settle a revocable trust?

Once the decedent’s legal documents and other important papers have been sorted through, the next step in settling a Revocable Living Trust is to meet with a trust attorney to determine if probate will be required and if the attorney’s assistance will be needed to help with settling and then terminating the trust.

What should I do with my settlement protection trust?

Billy is not receiving any means-tested public benefits, such as SSI or Medicaid. One option is to place the $1,000,000 in the Probate Court, i.e., the Surrogate’s Office in New Jersey, or the Orphans’ Court or a restricted savings account in Pennsylvania, and to request distributions either in accordance with a budget or on an “as needed” basis.

When to use a special needs trust for personal injury?

When should a special needs trust be considered as a vehicle for holding the proceeds from a personal injury settlement?

How much money does Billy from settlement protection trust get?

Billy, age 6, was injured at birth. He recovers $1,000,000. Billy is not receiving any means-tested public benefits, such as SSI or Medicaid.