We are setting up an irrevocable trust for FIL. Going to put almost all his assets (house and cash) into the account. My concern is if FIL has to go into NH before 5 year look back period is up, where would the money come from to pay for the NH? Lawyer says in case his money runs out before 5 year period, FIL (trustee) can give money to daughter and she can pay NH costs. I'm talking about using PRINCIPAL, not income from the trust. I thought this was not allowed because Medicaid will say trust is being used for FIL benefit. Is this correct?
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Question, are you using an Elder Law Attorney for the Irrevocable Trust? An Attorney that specializes in Elder Law and in Medicaid? Such an Attorney would be able to answer your question if no one on the forum is able.
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