Can I Create a Special Needs Trust in My Will to Benefit My Husband? Features List Your Firm Get listed in our Online Directory Build a Website Professional. Affordable. Easy to use. Send E-Newsletters Connect. Stay in Touch. Promote. Estate Planning E-Letter Grow your estate planning practice Content Marketing Consumer-oriented elder law content Start your free 30-day trial today Pricing Knowledge Bank Knowledge Bank Search Search our list of consumer articles Elder Law Update Get the latest tips in your inbox Start your free 30-day trial today For Families Sign in FREE TRIAL Features Pricing Knowledge Bank For Families Sign in Free Trial Can I Create a Special Needs Trust in My Will to Benefit My Husband? SHARE THIS: PRINT Yes, you can create a trust in your will for your husband’s benefit. If properly drafted, the trust won’t be counted as available to your husband in determining his eligibility for Medicaid, but the funds in the trust can still be distributed to him or used on his behalf. Someone other than your husband, however, would have to serve as trustee. Trusts created in wills are known as testamentary trusts and qualify for this safe harbor. In contrast, if you were to create a trust for your husband during your life, the funds would not be protected, even if you were to fund the trust through your will. Only testamentary trusts receive this protection. As we often counsel our clients, don’t look for logic in the Medicaid rules. For more information on Medicaid and trusts, go here: https://www.elderlawanswers.com/medicaid-and-trusts-12004. Latest Articles Nursing Home Sued for Wrongful Death Not Protected From Liability by PREP Act A Pennsylvania District Court denies motions allowing a wrongful death claim to proceed against a nursing home that alleged immunity under pandemic emergency laws, for the death of a resident who contracted COVID-19. InTesta v. Broomall Operating Company (E.D. Pa.,... Read More Elder Law Extra, 9.19.22 A roundup of elder law news and practice development articles culled from news sources across the nation during the week of September 13, 2022, to September 19, 2022. Read More Get case law and regulatory updates Subscribe to the ElderLaw Updates: SUBSCRIBE KNOWLEDGE BANK SUBSCRIPTION Subscribe to the Knowledge Bank. Get new article and cases summaries You have been successfully subscribed to the knowledge bank. CLOSE First Name: Last Name: Email: Firm Name: What is your interest in elder law? Select I am an attorney I am an admin at a law firm I am a financial planner I am a family member I am a retiree I am an academic I am a student Other Where are you located? Select Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming Find out why we are the leaders in web-based practice development tools. Questions? Call us: (866)267-0947 SUBMIT CANCEL We're sorry, you do not qualify for the 30-day trial because you indicated that you are not an attorney or work for a law firm. If this is an error please call us at (866) 267-0947. If you would like more information on elder law and long-term care planning go to ElderLawAnswers.com. Start growing your firm. Sign up for a free, 30 day trial. No credit card required. Find out why we are the leaders in web-based practice development tools for elder law attorneys. Questions? Call us: (866) 267-0947 First Name * Last Name * Email * Phone * Firm Name * Why do you want to enter the free trial? - Select - I am an attorney I am an admin at a law firm I am a financial planner I am a family member I am a retiree I am an academic I am a student Other FEATURES List your firm Send E-Newsletters Content Marketing Build a Website Estate Planning E-Letter+ KNOWLEDGE BANK Knowledge Bank Search ElderLaw Update Webinar Registration Marketing eBooks Elder Law Podcasts FOR FAMILIES SIGN IN The leading provider of web-based practice development tools for elder law attorneys, we help firms reach clients with tools designed by elder law attorneys for elder law attorneys. Questions or Comments? Copyright ©2022 Elder Law Answers. All Rights Reserved. FROM THE KNOWLEDGE BANK Using Technology to Assist Clients Remotely State's Medicaid Lien Has Priority Even Though It Was Filed After Recipient Died SUBSCRIBE TO UPDATES