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« Distinguishing Between Irrevocable Trusts When Planning for Public Benefits | Main | Protecting The Home When Medicaid Planning »



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N Wallace Kelleman, Esq, LLM, LTCP

David, I love your blogs. I attended one of your 3 day seminars. Victoria and I are colleagues here in Atlanta. I definitely need to learn your IPug system of Trusts. am not interested in 'growing' my business... just wanting to be up to date. What do you suggest. TYVM Wally Kelleman

Roslyn Drotar

Hi Wally, I'm including the link here to join Lawyers With Purpose:

Just enter your name and email and you can download for levels and costs.

We would love to have you as a member!

And you're subscribed to our blog so you'll always get good stuff here. Have a great work day!

Heather C Kelly, Esq.

David, I do not do complex estate planning, but I found your blog extremely helpful. Thank you. Attorney Heather Kelly, Massachusetts

Arlo Vegan

Hi David, I enjoyed your writing. Informative and well written. I’d like to request clearifucation on one point. Does the following paragraph apply to trusts created in the state of California?
“A grantor's creditors are only entitled to income or assets available to the grantor, as is well-established under Uniform Trust Code § 505, and as further clarified under the Restatement Second of Trusts § 156. So in order to properly provide asset protection, the trust by its terms must prohibit distribution of the principal and/or income to the grantor, and no discretion shall be permitted to the trustee or anyone else to distribute it to the grantor. This will ensure asset protection.”

Koby earl kischer

Irrvocable trust the grantor alive but has a sibling as co trustee,can the grantor borrow on her house to help another,sibling buy house. And of course be counted after she pass as part of that sibling benefits

Sumar Patel

We have a complex situation where my sister wanted to purchase a condo (the apartment she lived in was being condominiamised) in Queens, NY in 1989 but could not because the tenancy was in my name (because she was a new immigrant) and she could not obtain a mortgage for lack of credit as a new immigrant. My sister has always been the real owner, lived there and paid the downpayment, condo fees, mortgage, taxes etc. and I have never lived there. We had an informal understanding (written at the time in a letter) that I am just a trustee, that her son would takeover my role at some point and that I will transfer the ownership to her at some point. I have been telling my sister and nephew for many years that we should sort out this arrangment. Recently the legal ownership was transferred to my nephew (who is now married, has children and lives in a house nearby) but my sister continued to live there and pay all the expenses and remained the beneficial owner. Early this year, my sister was diagnosed with dementia and had to move in with her son. Now the condo is being put up for sale (as well as my nephew's house) as my nephew has to move to a bigger house to accommodate his mother and her needs. Would IRS recognise that the condo was my sister's principal residence? We can memorialize the letter in the form of a trust of some kind giving legal effect to the arrangement we do have. We do not mind paying any reasonable fees for this advice or you can direct us to someone who can. Thanks,


irrevocable trust . ( A irrevocable Trust created in a None statutory form) common-law. grantor to trustee ? the right to contract


I have a situation where my monthly income does not meet the minimum income as required by a housing authority to rent an apartment. However I have a savings account..and they don't count the savings as income, they only count the interest as the interest combined with my regular monthly income still does not total their minimum monthly income requirement. So the only solution I have come up with is and they are ok with: to set up the money I have in savings in some kind of trust with monthly distributions to give me the "income" needed to meet their requirements. Problem is I am not of retirement age so an IRA will not work..if I was over 59 and a half an IRA with monthly distributions would solve my problem.
Is there some kind of trust or account I can set up that you would suggest?
I am single no kids and nobody I trust so I would HAVE to be both the grantor and the trustee and of course the beneficiary. I am seeking a both legal and creative solution and the idea of a Trust account is all that comes to mind.


I have a situation where:
I want to remove my ownership of my assets.
I want to maintain full control of my assets.
I want distribution from my asset performance as a check payment from an entity- a trust maybe?
I will pay personal income tax and any taxes related to my assets.

Objective: I want to remove my ownership, continue receiving distribution, maintaining the asset. I don't trust anyone so Its going to be only me in all those roles. Possible?

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