New Jersey Trust Attorney Christine Matus Explains How an Irrevocable Trust Can Be Part of Long-Term Care Planning

New Jersey trust attorney Christine Matus (https://matuslaw.com/irrevocable-trust-new-jersey-long-term-care/), of The Matus Law Group, discusses how an irrevocable trust can play an essential role in preserving assets while maintaining eligibility for Medicaid. Long-term care is an issue that many individuals will face as they age, and planning for these expenses is crucial.

An irrevocable trust is a legal arrangement in which assets are transferred out of an individual's control and managed by a designated trustee. New Jersey trust attorney Christine Matus explains that this type of trust differs from a revocable trust because, once created, its terms cannot be easily modified. While revocable trusts allow for changes, irrevocable trusts provide stronger asset protection, enabling funds to be preserved for designated beneficiaries rather than be subject to Medicaid eligibility calculations.

The New Jersey trust attorney highlights that once assets are placed in an irrevocable trust, they are no longer considered personal property. This means they are not counted against Medicaid asset limits, reducing the risk of having to spend down savings before qualifying for assistance. The trustee, rather than the original asset owner, is responsible for managing the assets according to the terms of the trust.

When establishing an irrevocable trust, assets are transferred into the trust, and ownership is relinquished. Christine Matus emphasizes that this transfer helps ensure the assets are protected from being depleted by long-term care costs. The trustee is responsible for managing the trust in accordance with the terms set forth by the grantor. Although the original owner no longer has direct control over the assets, the trust ensures that funds are used for the benefit of the designated beneficiaries.

Different types of irrevocable trusts serve various purposes. Some trusts help married couples reduce estate taxes, while others are designed to protect individuals with disabilities who rely on Medicaid or other government assistance. Trusts can also be used to protect assets from financial mismanagement, provide for charitable giving, or prevent life insurance proceeds from being counted as part of an estate.

Medicaid enforces a five-year look-back period on asset transfers, meaning any gifts or transfers made within five years of applying for Medicaid could result in penalties. Christine Matus explains that Medicaid reviews financial records to verify that assets were not given away to qualify for benefits. If assets are transferred within this timeframe, the applicant may face a period of ineligibility.

"Planning in advance is key," says Christine Matus. "Creating an irrevocable trust at least five years before Medicaid is needed can allow families to protect their assets and meet Medicaid requirements when the time comes." Without proper planning, individuals risk having to spend down their assets before receiving the assistance they need.

While irrevocable trusts offer many advantages, Christine Matus highlights the potential drawbacks. The most significant limitation is that, once created, the trust cannot be modified or revoked. This lack of flexibility means individuals must be certain about their long-term goals before transferring assets. Choosing a reliable trustee is also critical, as the trustee has control over the assets and must act in the best interest of the beneficiaries.

Christine Matus advises individuals to carefully consider their financial situation and future needs before establishing an irrevocable trust. Without a clear understanding of the implications, individuals may find themselves in a situation where the trust no longer aligns with their goals.

Christine Matus frequently answers questions about how irrevocable trusts work in long-term care planning. Many individuals wonder whether an irrevocable trust is a better option than gifting assets to a child. Matus explains that a trust offers legal protection that direct gifts do not. If a child encounters financial or legal trouble, gifted assets may be at risk. With a trust, those assets remain protected while still benefiting the intended heirs.

Another common concern is whether the creator of the trust can serve as the trustee. Christine Matus explains that the creator should not be their own trustee, as doing so could result in Medicaid treating the trust assets as countable resources. Instead, a trusted family member or professional should be appointed to manage the trust according to its terms.

Individuals also ask what types of assets can be placed in an irrevocable trust. Christine Matus advises that real estate, financial accounts, and life insurance policies are commonly transferred to trusts. However, certain retirement accounts may not be suitable for transfer due to potential tax consequences.

Proper planning allows families to avoid last-minute financial crises and helps ensure that loved ones are taken care of. Christine Matus encourages individuals to start the conversation early to explore their options and make informed decisions about their estate planning. Those who are unsure about how an irrevocable trust fits into their overall financial strategy should seek guidance from an experienced attorney.

About The Matus Law Group:

The Matus Law Group has been serving New Jersey residents for over 20 years, helping families manage estate planning and long-term care decisions. Led by Christine Matus, the firm is dedicated to providing legal solutions that protect assets, support individuals with special needs, and help ensure financial security for future generations.

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