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The goal is this type of trust is to qualify the individual for Medicaid five years after its creation. The trust can continue for the benefit of the individual until his or her death, and then for the benefit of the spouse (if living). In the end, the remainder beneficiaries receive what is left in the trust.
Commissioners Regulation 2831.2 requires that this reconciliation process be performed monthly except in those months when there is no activity in the trust fund bank account, and that a record of each reconciliation be maintained.
Selecting the wrong trustee is easily the biggest blunder parents can make when setting up a trust fund. As estate planning attorneys, weve seen first-hand how this critical error undermines so many parents good intentions.
Commingling is typically not categorized as a criminal offense, but it is a significant breach of professional ethics and fiduciary duty in the legal field. Violating these rules can lead to severe consequences, including disciplinary action by the state bar, suspension, or disbarment.
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