under 65 trust

A discretionary trust established for the sole benefit of a Medicaid recipient who is under the age of 65.

• This type of trust may be established by anyone except the beneficiary, who must be less than 65 years old at the time of creation. The assets in trust will not be included in the beneficiary’s estate for purposes of determining Medicaid eligibility. The beneficiary may receive distributions from the trust during life, but any balance remaining in the trust must be used to reimburse the state for the beneficiary’s Medicaid expenditures.


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