3.2.5 Trusts

MGE 210403 (12/08/2023)
Homestead in Hedlund-type IRR exempt

Tags: 3 Financial Eligibility, 3.2 Assets, 3.2.5 Trusts, 3.2.5.3 1st-party irrevocable trusts, 3.2.7 Real property, 3.2.7.1 Homestead, ALJ Peter McCombs

DHA Case No. MGE 210403 (Wis. Div. of Hearings and Appeals December 8, 2023) (DHS) ↓ Download PDF The assets in an irrevocable trust funded with the petitioner’s property are potentially available if there are any circumstances allowing payment from the trust to the petitioner. In this case, the petitioner established a Hedlund-type trust in 1996 […] Read more

MGE 209206 (11/08/2023)
Non-homestead parcel in irr. trust was countable

Tags: 3 Financial Eligibility, 3.2 Assets, 3.2.5 Trusts, 3.2.5.3 1st-party irrevocable trusts, 3.2.7 Real property, 3.2.7.1 Homestead, 5 Subprograms, 5.05 Home and Community-Based Waivers Long-Term Care, 5.05.4 IRIS, ALJ Peter McCombs

DHA Case No. MGE 209206 (Wis. Div. of Hearings and Appeals November 8, 2023) (DHS) ↓ Download PDF DHA Case No. CWA 209207 (Wis. Div. of Hearings and Appeals November 8, 2023) (DHS) ↓ Download PDF The principal or income of an irrevocable trust funded with a Medicaid applicant’s resources is countable if there are […] Read more

MGE 190017 (03/11/2019)
Application denied for failure to provide full accounting of irrevocable trust

Tags: 3 Financial Eligibility, 3.2 Assets, 3.2.5 Trusts, 3.2.5.3 1st-party irrevocable trusts, 4 Program Administration, 4.1 Verification, 5 Subprograms, 5.04 Institutional Long-Term Care, ALJ Kristin P. Fredrick

DHA Case No. MGE 190017 (Wis. Div. of Hearings and Appeals March 11, 2019) (DHS) ↓ Download PDF When an irrevocable trust is involved, the Department may require documentation needed to determine when assets were added, what distributions have been made, and whether a divestment occurred. In this case, the petitioner applied and disclosed an […] Read more

MGE 196927 (01/28/2020)
Verification notice inadequate; only 9 days, not specific

Tags: 3 Financial Eligibility, 3.2 Assets, 3.2.5 Trusts, 3.2.5.2 3d-party irrevocable trusts, 4 Program Administration, 4.1 Verification, 4.7 Notices & fair hearings, ALJ Kelly Cochrane

DHA Case No. MGE 196927 (Wis. Div. of Hearings and Appeals January 28, 2020) (DHS) ↓ Download PDF The Department must give applicants adequate notice when requesting verification. In this case, the agency requested verification of a third-party discretionary trust but gave only 9 days to provide it and was not specific about the kind […] Read more

MGE 166562 (08/21/2015)
Spousal trust established by will unavailable

Tags: 3 Financial Eligibility, 3.2 Assets, 3.2.1 Availability, 3.2.5 Trusts, 3.2.5.3 1st-party irrevocable trusts, ALJ John P. Tedesco

DHA Case No. MGE 166562 (Wis. Div. of Hearings and Appeals August 21, 2015) (DHS) ↓ Download PDF In general, an irrevocable trust established by either spouse is a countable, available asset if there are any circumstances under which the applicant could receive money from the trust. But this policy does not apply to a […] Read more

MQB 170244 (02/08/2016)
Spousal testamentary trust not a countable asset

Tags: 3 Financial Eligibility, 3.2 Assets, 3.2.1 Availability, 3.2.5 Trusts, 3.2.5.3 1st-party irrevocable trusts, 5 Subprograms, 5.04 Institutional Long-Term Care, 5.09 Medicare Savings Programs, ALJ Corinne Balter

DHA Case No. MQB 170244 (Wis. Div. of Hearings and Appeals February 8, 2016) (DHS) ↓ Download PDF In general, an irrevocable trust established by either spouse is a countable, available asset if there are any circumstances under which the applicant could receive money from the trust. But this policy does not apply to a […] Read more

MGE 198180 (05/08/2020)
Spousal testamentary trust not a countable, available resource

Tags: 3 Financial Eligibility, 3.2 Assets, 3.2.1 Availability, 3.2.5 Trusts, 3.2.5.3 1st-party irrevocable trusts, ALJ Kelly Cochrane

DHA Case No. MGE 198180 (Wis. Div. of Hearings and Appeals May 8, 2020) (DHS) ↓ Download PDF In general, an irrevocable trust established by either spouse is a countable, available asset if there are any circumstances under which the applicant could receive money from the trust. But this policy does not apply to a […] Read more

MGE 201120 (04/29/2021)
Irrevocable trust counted, allowed distributions to grantors

Tags: 3 Financial Eligibility, 3.2 Assets, 3.2.5 Trusts, 3.2.5.3 1st-party irrevocable trusts, 5 Subprograms, 5.04 Institutional Long-Term Care, ALJ Jason M. Grace

DHA Case No. MGE 201120 (Wis. Div. of Hearings and Appeals April 29, 2021) (DHS) ↓ Download PDF When a Medicaid applicant is the grantor of a trust—even an irrevocable trust—it is countable and available “if there are any circumstances under which payment from the trust could be made to or for the benefit of […] Read more

MGE 160646 (01/09/2015)
Disability determination required to exempt Wispact trust

Tags: 2 Nonfinancial Eligibility, 2.1 Elderly; blind; or disabled, 2.1.1 Disability determinations, 3 Financial Eligibility, 3.2 Assets, 3.2.5 Trusts, 3.2.5.5 Pooled trusts, ALJ Brian C. Schneider

DHA Case No. MGE 160646 (Wis. Div. Hearings and Appeals January 9, 2015) (DHS) ↓ Download PDF This case involved two main issues: (1) the date the petitioner transferred ownership of a life insurance policy to her Wispact sub-account, and (2) the effect of a pending disability determination on retroactive eligibility. On the first issue, […] Read more