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Mississippi Sample Trust  Form

Mississippi Sample Trust Form

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So, in a special needs trust, you might've heard that it has a Medicaid Payback Provision. In a first party special needs trust, which is generally what we set up in a personal injury settlement situation, in order to qualify as a special needs trust and therefore protect their Medicaid and SSI benefits, it has to have a Medicaid Payback Provision, which just essentially means that when the beneficiary of that trust, when the plaintiff, the original plaintiff passes away, if there are funds still remaining in that trust, then every state that's paid Medicaid benefits on behalf of your client has the right to come in and be reimbursed from the assets that remain in the trust — before those assets are then passed to the beneficiaries listed in the trust. So, essentially Medicaid has the right to come in and be reimbursed if there's anything left. If the trust is totally exhausted and terminated, and then the client passes away, then generally there's not

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