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Probate

Can an Irrevocable Trust be Modified by the Court if the Trust is Disqualifying a Beneficiary from Medicaid or Other Public Benefits

If an irrevocable trust is not serving the best interests of the qualified beneficiaries, then it can be modified by the court in a judicial modification proceeding. For example, if the terms of a trust disqualify a beneficiary from public benefits such as Medicaid, judicial modification may be necessary to alter the trust’s provisions to maintain a beneficiary’s eligibility for public benefits.

To discuss the process for seeking a judicial modification to an irrevocable trust, contact Bach, Jacobs, & Byrne at (941) 906-1231.