[WSBARP] Spousal Elective Share and Medicaid

[Thomas Fiscus]

Hi Listmates-Spouse A has severe medical issues and has transferred all assets to Spouse B.  B has a Will which creates a Special Needs Trust for A, if B predeceases A. Assuming B predeceases A but after A has begun receiving long term Medicaid care, can the State force A to elect to take against B’s Will and at least partly defeat the transfer of B’s assets to the special needs trust and hence make them available to the state for recoupment?Thanks for your thoughts.
TomLaw Office of Thomas J.FiscusP.O. Box 1167Eastsound, WA 98245360-376-3988


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