What does Lawsmith draft for a medicaid asset protection trust?

An irrevocable income-only trust that starts the look-back clock while keeping the home and savings in the family. You start from the matter's documents, describe it in your own words, or answer plain intake questions, and the draft comes back as an editable Word document for your review.

Where do the citations come from?

From the statutes, court rules, regulations and forms Lawsmith has saved from each state's government publishers, with the date each text was read and a label saying whether it is the official text. Before writing, the drafter must quote the saved text behind each citation; a citation with no checked quotation reaches you marked for verification.

Is it reviewed by an attorney?

No. Every draft is a first draft for a licensed attorney's review before it is signed, filed or sent. Each citation in it quotes the text Lawsmith has on file or is marked for verification.

Five documents free, no card. After that, Professional is $499 a month for one attorney.

Medicaid Asset Protection Trust for attorneys in 13 states, drafted from published statutes

What you get

An editable Word document, drafted from your answers and the state's published law.
A proof of sources: every citation in the draft with the words it quotes, the source and whether it is the official text, the date the text was saved and its fingerprint.
Notes for counsel listing each point marked [VERIFY], each blank and each choice left for the client.

What the intake asks

Plain questions, in the order an attorney would take the facts. Anything left blank stays a marked blank in the draft; nothing is invented to fill it.

The parties

Grantor (the person creating the trust)
Second grantor
Trustee and successors
Remainder beneficiaries

The terms

Income to the grantor
Principal distributions during the grantor's life
Property going into the trust
The home
Limited power of appointment
Income tax design
Look-back awareness
and 1 more

Where it is offered

Every state Lawsmith has sources for:

California Connecticut Delaware District of Columbia Florida Maryland Massachusetts New Jersey New York Ohio Pennsylvania Texas Virginia

Sources on file

The drafter works from the texts Lawsmith has saved for this document in the state you choose, plus federal law where it applies. Each is read from its government publisher and dated, and labelled official only where the state designates that text official.

State	Sources for this document
California	49
Connecticut	31
Delaware	28
District of Columbia	38
Florida	34
Maryland	43
Massachusetts	29
New Jersey	40
New York	37
Ohio	35
Pennsylvania	37
Texas	33
Virginia	52

Among them, for New Jersey:

N.J.S.A. 30:4D-3 Definitions (New Jersey Medical Assistance and Health Services Act).
N.J.S.A. 30:4D-7.2 Lien against recovery sought from estate of recipient, "estate" defined.
N.J.S.A. 3B:12-49 Powers conferred upon the court.
N.J.A.C. 10:71 Medicaid Only (full chapter as published by the Department of Human Services).
N.J.S.A. 3B:31-18 Methods of creating trust.

The law on file, state by state

What the drafter reads for this document in each state, from the publisher's own pages. A listed text is on file; whether it governs your matter is your call. The collection does not establish complete legal coverage.

California

Cal. Prob. Code § 15800. Settlor holds beneficiary rights while the trust is revocable; trustee duties on incompetency statute
Trust Law text: while a trust is revocable and a person holding the power to revoke is competent, that person, not the beneficiaries, has the rights afforded beneficiaries and the trustee's duties run to that person,…
Cal. Prob. Code § 682. Creditors' rights in property subject to a general power of appointment statute
To the extent the powerholder's own property is inadequate, property subject to a presently exercisable general power of appointment is subject to the powerholder's creditors, and at death property subject to a general…
Cal. Prob. Code § 104. Community property held in a revocable trust is governed by the trust's death provisions statute
Probate Code text: notwithstanding section 100, community property held in a revocable trust described in Family Code section 761 is governed by the provisions, if any, in the trust for disposition at death.
Cal. Prob. Code § 15301. Spendthrift provision as to principal; court order for principal due and payable statute
Trust Law text giving the same protection for a beneficiary's interest in principal under a spendthrift clause, subject to sections 15304 to 15307, and allowing a court, on a judgment creditor's petition under Code of…
Cal. Prob. Code § 15403. Modification or termination of an irrevocable trust by all beneficiaries statute
Cal. Fam. Code § 761. Community property transferred to a revocable trust remains community property; power to revoke statute
Family Code text: unless the instrument expressly provides otherwise, community property transferred in trust remains community property during the marriage if the trust is revocable as to that property during the…
Cal. Prob. Code § 15205. Beneficiary required; ascertainable beneficiaries or a power to select statute
Trust Law text requiring a beneficiary for a non-charitable trust, satisfied by a beneficiary or class ascertainable with reasonable certainty or sufficiently described, or by a power granted to the trustee or another…
Cal. Prob. Code § 15300. Spendthrift provision as to income statute
Trust Law text: except as sections 15304 to 15307 provide, if the trust instrument says a beneficiary's interest in income is not subject to voluntary or involuntary transfer, that interest may not be transferred and is…
Cal. Prob. Code § 15306. Reimbursement of public support from a trust; exception for a beneficiary with a disability statute
Notwithstanding the trust's terms, when a statute makes a beneficiary liable to reimburse the state or a local entity for public support, the court may order the trustee to satisfy the liability from mandatory payments,…
Cal. Prob. Code § 15400. Trust is revocable unless expressly made irrevocable statute
Trust Law text: unless a trust is expressly made irrevocable by the instrument, it is revocable by the settlor;

Connecticut

Conn. Gen. Stat. § 17b-95. Claim of state on death of Medicaid beneficiary statute
Connecticut estate claim: on the death of a Medicaid beneficiary the state has a claim against the estate for unreimbursed Medicaid amounts that federal law requires it to recover, excluding to the extent federal law…
Conn. Gen. Stat. § 17b-261a. Transfer or assignment of assets resulting in a penalty period statute
Connecticut rule that a transfer resulting in a penalty period is presumed made to obtain or maintain Medicaid eligibility, rebuttable only by clear and convincing evidence that eligibility was not a basis for it, and…
Conn. Gen. Stat. § 45a-499ee. Modification or termination of noncharitable irrevocable trust by consent statute
Connecticut rule that a court may approve modification or termination of a noncharitable irrevocable trust on consent of the settlor, trustee and all beneficiaries even if inconsistent with a material purpose (for…
Conn. Gen. Stat. § 45a-499nn. Limitations on beneficiary's creditor to attach or compel distribution of property statute
Connecticut text limiting when a beneficiary's creditor may attach or compel a distribution, covering property subject to a lapsed or limited power of withdrawal and distributions limited to an ascertainable standard,…
Conn. Gen. Stat. § 45a-499qq. Limitation on action contesting validity of revocable trust; distribution of trust property statute
Connecticut text on contests after death: a proceeding to contest a trust that was revocable at the settlor's death must be brought within the earlier of one year after death or one hundred twenty days after the trustee…
Conn. Gen. Stat. § 45a-545k. Decanting power under expanded distributive discretion statute
Connecticut Uniform Trust Decanting Act rule letting an authorized fiduciary with expanded distributive discretion over principal decant to a second trust, which may not add current beneficiaries, add remainder…
Conn. Gen. Stat. § 17b-261. Medicaid eligibility; assets; trusts; transfers statute
Connecticut Medicaid eligibility statute. Subsection (a) bars an institutionalized individual who disposed of property for less than fair market value to establish eligibility, treats such dispositions under 42 USC…
Conn. Gen. Stat. § 45a-486. Termination of inter vivos trust when settlor or spouse is an applicant for or recipient of medical assistance statute
Connecticut statute directing the Superior Court, on the Department of Social Services' application, to terminate an inter vivos trust established or funded on or after October 1, 1992 within the federal look-back…
Conn. Gen. Stat. § 45a-499e. Default and mandatory rules statute
Connecticut text stating that the trust terms prevail over the code except for the listed mandatory rules, among them the requirements for creating a trust, the duty of good faith, the lawful-purpose requirement, the…
Conn. Gen. Stat. § 45a-499ff. Modification or termination because of unanticipated circumstances or inability to administer trust effectively statute
Connecticut rule allowing a court to modify or terminate a trust because of circumstances the settlor did not anticipate, or to modify administrative terms that are impracticable or wasteful, but barring termination of…

Delaware

12 Del. C. § 3528. Trustee's authority to invade principal or income in trust (decanting) statute
Delaware decanting statute: unless the trust terms expressly provide otherwise, a trustee with authority to invade principal or income of an irrevocable trust may instead appoint all or part of it to a second trust…
12 Del. C. § 3536. Rights of creditors and assignees of beneficiary of trust statute
Delaware spendthrift text: except as subsections (c) and (d) provide, a beneficiary's creditor has only the rights the instrument or Delaware law expressly grants, and any interest not so subject is exempt from…
12 Del. C. § 3315. Trustee's exercise of discretion; review by court; discretionary interests statute
Delaware text that a beneficiary eligible for distributions in a fiduciary's discretion, even under an ascertainable standard, has a discretionary interest that is a mere expectancy and not a property right, may not…
12 Del. C. § 3342. Modification of trust by consent while trustor is living statute
Delaware text allowing an irrevocable trust, unless the instrument expressly forbids it, to be modified by written consent or nonobjection of all trustors, serving fiduciaries and interested beneficiaries while the…
12 Del. C. § 3303. Effect of provisions of instrument statute
Delaware text: the governing instrument may expand, restrict, eliminate or vary the laws of general application to fiduciaries and trusts, including beneficiaries' rights to information for a period, removal grounds,…
12 Del. C. § 3344. Income tax reimbursement or payment statute
Delaware text that, unless the trust terms expressly prohibit it, a trustee who is neither the trustor nor a related or subordinate party may reimburse the trustor, or pay the taxing authority, for the trustor's income…
25 Del. C. § 5001. Definitions (liens and estate recoveries) statute
Delaware definitions for Medicaid liens and estate recovery: the estate subject to recovery means all real property and all personal property that constitutes assets of the individual's estate as described in Chapter 19…
12 Del. C. § 3332. Governing law; change of situs statute
Delaware text: a change of the place of administration to Delaware does not change a trust's duration or vesting, and Delaware law governs administration while the trust is administered in Delaware notwithstanding a…
12 Del. C. § 3334. Contributions to revocable trusts statute
Delaware text: where spouses contribute property they held as tenants by the entireties to a trust revocable by either or both, a creditor of either or both spouses is limited to an order directing the trustee to…
12 Del. C. § 3337. Claims against revocable trusts statute
Delaware text: after the death of the trustor of a trust that was revocable immediately before death, claims that could have been brought against the trustor's estate are barred against the trust when and to the same…

District of Columbia

D.C. Code § 19-1304.11. Modification or termination of noncharitable irrevocable trust by consent statute
A noncharitable irrevocable trust may be modified or terminated on consent of the settlor and all beneficiaries even if inconsistent with a material purpose, with the settlor's consent given by an agent only if the…
D.C. Code § 19-1306.04. Limitation on action contesting validity of revocable trust; distribution of trust property. statute
D.C. text on the time to contest a trust that was revocable at the settlor's death (the earliest of one year after death, 90 days after the trustee's notice with the instrument, or six months after published notice as…
D.C. Code § 19-1911. Decanting power under expanded distributive discretion statute
Subject to §§ 19-1913 and 19-1914, a fiduciary with expanded distributive discretion over a first trust's principal may decant it, but the second trust may not add current beneficiaries, add remainder or successor…
D.C. Code § 19-1304.12. Modification or termination because of unanticipated circumstances or inability to administer trust effectively statute
The court may modify the administrative or dispositive terms of a trust or terminate it where unanticipated circumstances mean doing so will further the trust's purposes, following the settlor's probable intention where…
D.C. Code § 19-1305.01. Rights of beneficiary's creditor or assignee statute
To the extent a beneficiary's interest is not protected by a spendthrift provision, the court may let a creditor or assignee reach it by attaching distributions or other means, and a creditor may not exercise or compel…
D.C. Code § 19-1305.02. Spendthrift provision. statute
D.C. text on spendthrift provisions: valid only if it restrains both voluntary and involuntary transfer, the words "spendthrift trust" or similar are sufficient, and a beneficiary may not transfer an interest in…
D.C. Code § 19-1305.03. Exceptions to spendthrift provision statute
Whether or not a trust has a spendthrift provision, a beneficiary's child with a support judgment may attach distributions when payable, and a spendthrift provision is unenforceable against a claim of the District or…
D.C. Code § 19-1306.01. Capacity of settlor of revocable trust. statute
D.C. text stating that the capacity required to create, amend, revoke or add property to a revocable trust, or to direct its trustee, is the same as that required to make a will.
D.C. Code § 19-1903. Scope (Uniform Trust Decanting Act of 2024) statute
Text of the District's Uniform Trust Decanting Act (D.C. Law 25-266, effective March 7, 2025): it applies to an express trust that is irrevocable or revocable only with the consent of the trustee or an adverse party,…
D.C. Code § 19-1913. Trust for beneficiary with disability statute
A special-needs fiduciary (a trustee or fiduciary other than the settlor with distribution authority) may decant principal to a special-needs trust for a beneficiary the fiduciary believes may qualify for governmental…

Florida

Fla. Stat. § 736.04117. Trustee's power to invade principal in trust statute
Florida's decanting statute lets an authorized trustee with power to invade principal appoint it to a second trust on the conditions and notice the section sets, and includes a specific rule letting a trustee with power…
Fla. Stat. § 736.04113. Judicial modification of irrevocable trust when modification is not inconsistent with settlor's purpose statute
On application of a trustee or qualified beneficiary, a court may modify, terminate or redirect an irrevocable trust if its purposes are fulfilled, illegal, impossible, wasteful or impracticable, if unanticipated…
Fla. Stat. § 736.0412. Nonjudicial modification of irrevocable trust statute
After the settlor's death, a trust may be modified as s. 736.04113(2) allows on the unanimous agreement of the trustee and all qualified beneficiaries, despite spendthrift or no-amendment clauses, but not for trusts…
Fla. Stat. § 736.05053. Trustee's duty to pay expenses and obligations of settlor's estate. statute
Florida text requiring the trustee of a trust described in section 733.707(3) to pay the settlor's personal representative the amounts certified as required for expenses of administration and obligations of the estate,…
Fla. Stat. § 732.4017. Inter vivos transfer of homestead property statute
A lifetime transfer of homestead property, including to a trust, is effective as the section provides and is not a devise. One of the planning routes around the section 732.4015 restriction;
Fla. Stat. § 736.0105. Default and mandatory rules. statute
Florida text stating that the terms of a trust prevail over the code except for the mandatory rules listed, which begin with the requirements for creating a trust and the duty to act in good faith.
Fla. Stat. § 736.0502. Spendthrift provision. statute
Florida text on spendthrift provisions: valid only if it restrains both voluntary and involuntary transfer of a beneficiary's interest, a term that the interest is held subject to a spendthrift trust is sufficient, and…
Fla. Stat. § 736.0601. Capacity of settlor of revocable trust. statute
Florida text stating that the capacity required to create, amend, revoke or add property to a revocable trust, or to direct the trustee of a revocable trust, is the same as that required to make a will.
Fla. Stat. § 744.441. Powers of guardian upon court approval statute
After court approval, a guardian of the property may take the listed actions, including exercising powers of appointment the ward held, making gifts to family members in estate and income tax planning, and creating or…
Florida DCF ESS Program Policy Manual Appendix A-17. Life Estate and Remainder Interest Tables guidance
DCF's tables for valuing a life estate or remainder interest in real property: find the factor for the individual's age at last birthday and multiply it by the property's equity value, recomputing at each complete…

Maryland

Md. Code, Estates and Trusts § 13-203. Protection of property of alleged disabled person pending petition; powers of court over property statute
While a guardianship or protective petition is pending the court may preserve and apply the alleged disabled person's property without notice only on affidavit facts showing immediate, substantial and irreparable…
Md. Code, Estates and Trusts § 14-608. Decanting power under expanded distributive discretion statute
Except as § 14-610 provides for beneficiaries with disabilities, a fiduciary with expanded distributive discretion over the principal of a first trust may decant that principal, but the second trust may not add current…
Md. Code, Estates and Trusts § 14-610. Decanting to trust for beneficiary with disability statute
A special needs fiduciary may decant principal to a special needs trust for a beneficiary the fiduciary reasonably believes qualifies for governmental benefits based on disability, as if it had expanded discretion, if…
Md. Code, Estates and Trusts § 14.5-410. Modification or termination of noncharitable irrevocable trust by consent statute
Text of the Maryland Trust Act: a noncharitable irrevocable trust may be terminated on consent of the trustee and all beneficiaries if the court finds continuance unnecessary to any material purpose, or modified on such…
Md. Code, Estates and Trusts § 14.5-502. Discretionary distribution provisions; creditor's rights statute
A beneficiary has no property right in an interest subject to a discretionary distribution provision, which may not be foreclosed, attached or transferred;
Md. Code, Estates and Trusts § 14-602. Scope (Maryland Trust Decanting Act) statute
Maryland's Trust Decanting Act applies to an express trust that is irrevocable or revocable only with the consent of the trustee or an adverse party and that is administered in or governed by Maryland law for…
Md. Code, Estates and Trusts § 14-612. Trust limitation on decanting statute
A fiduciary may not decant to the extent the first trust's terms expressly prohibit decanting or a state-law power to distribute to another trust or modify the trust, and must follow express restrictions, which must be…
Md. Code, Estates and Trusts § 14.5-411. Modification or termination because of unanticipated circumstances or inability to administer trust effectively statute
The court may modify the administrative or dispositive terms of a trust or terminate it where unanticipated circumstances mean doing so will further the trust's purposes, in accordance with the settlor's probable…
Md. Code, Estates and Trusts § 14.5-412. Termination of small trust by trustee statute
A trustee may terminate a trust worth $100,000 or less as of its last anniversary without a court order after at least 90 days' notice (personally delivered or by certified mail) to cotrustees and qualified…
Md. Code, Estates and Trusts § 14.5-503. Support provisions; use and occupancy of residence statute
Except as provided in §§ 14.5-505 and 14.5-506(b), an interest subject to a support provision may not be foreclosed, attached or transferred and is not reachable until distributed, and a support beneficiary's use,…

Massachusetts

Mass. Gen. Laws ch. 203E, § 411. Modification or termination of non-charitable irrevocable trust by consent statute
Massachusetts rule that on petition the court may approve modification or termination of a non-charitable irrevocable trust on consent of the settlor and all beneficiaries even if inconsistent with a material purpose,…
Mass. Gen. Laws ch. 203E, § 604. Limitation on action contesting validity of revocable trust; distribution of trust property statute
Massachusetts text: a contest of a trust that was revocable at the settlor's death must be commenced within the earlier of one year after death or 60 days after the trustee sent the person a copy of the instrument with…
Mass. Gen. Laws ch. 190B, § 5-407. Findings; order of appointment; permissible court orders statute
Massachusetts conservatorship findings: the court encourages maximum self-reliance and may appoint a conservator only on findings including a qualified petitioner, proper venue and notice, a medical certificate based on…
Mass. Gen. Laws ch. 203E, § 412. Modification or termination because of unanticipated circumstances or inability to administer trust effectively statute
Massachusetts rule that the court may modify the administrative or dispositive terms of a trust, or terminate it, if circumstances the settlor did not anticipate mean modification or termination will further its…
Mass. Gen. Laws ch. 203E, § 502. Spendthrift provision statute
Massachusetts text: a spendthrift provision is valid only if it restrains both voluntary and involuntary transfer of a beneficiary's interest, a term that the interest is held subject to a spendthrift trust is…
Mass. Gen. Laws ch. 203E, § 814. Discretionary powers; tax savings statute
Massachusetts rule that even broad discretion must be exercised in good faith and in accordance with the trust's terms and purposes and the beneficiaries' interests, that a beneficiary-trustee other than the settlor may…
MassHealth: Massachusetts Medicaid Estate Recovery guidance
Official MassHealth estate recovery page: for deaths on or after August 1, 2024, recovery is from the probate estate of members who were 55 or older when MassHealth paid for long-term services and supports (nursing…
Mass. Gen. Laws ch. 118E, § 28. Disposal of resources at less than fair market value; transfers for sole benefit of individual age 65 or older statute
Massachusetts transfer statute: the division imposes a period of ineligibility, consistent with Title XIX, on an institutionalized individual who, or whose spouse, disposes of resources for less than fair market value,…
Mass. Gen. Laws ch. 203E, § 1013. Certification of trust statute
Massachusetts text on the certification of trust: instead of the instrument the trustee may furnish a certification of the trust's existence and execution date, the settlor, the acting trustee and address, the trustee's…
Mass. Gen. Laws ch. 203E, § 108. Principal place of administration statute
Massachusetts text: a designation of the principal place of administration is valid and controlling if a trustee's principal place of business or residence, or all or part of the administration, is in the designated…

New Jersey

N.J.S.A. 46:2B-8.13a Power of attorney; gift of principal's property statute
A power of attorney does not authorize the agent to make gifts of the principal's property unless the instrument expressly says so; a broad general grant is not enough.
New Jersey DMAHS Medicaid Communication No. 26-04: daily transfer-penalty divisor effective April 1, 2026 guidance
The April 6, 2026 communication directs use of a $420.67 daily divisor for cases received on or after April 1, 2026 and recalculation of pending cases using the former $402.74 divisor;
N.J.S.A. 3B:31-27 Modification or termination of noncharitable irrevocable trust by consent. statute
A noncharitable irrevocable trust may be modified or terminated on consent of the trustee and all beneficiaries if not inconsistent with a material purpose, or on consent of all beneficiaries with the court's conclusion…
N.J.S.A. 3B:31-45 Limitation on action contesting validity of revocable trust; distribution of trust property. statute
A proceeding to contest a trust that was revocable at the settlor's death must begin within the earlier of three years after the death or four months for a resident, six months for a nonresident, after the trustee sends…
N.J.A.C. 10:71-4.11 Trusts (DMAHS publication of the Medicaid Only trust rule). regulation
Text of the rule as published by DMAHS: applies to trusts funded with the individual's assets by the individual, spouse or someone acting for them, regardless of purpose or trustee discretion, with a 60-month look-back;
N.J.S.A. 30:4D-7.2 Lien against recovery sought from estate of recipient, "estate" defined. statute
A lien may be filed and recovery sought from the estate of a deceased recipient for assistance correctly paid for services received at 55 or older (for deaths on or after April 1, 1995 with payments on or after October…
N.J.S.A. 3B:12-49 Powers conferred upon the court. statute
For the benefit of the ward, the ward's dependents and household members, the court has all the powers over the ward's estate and affairs the ward could exercise if not disabled, except making a will, and may confer…
N.J.S.A. 3B:12-50 Additional powers which may be exercised by the court. statute
The court may exercise, direct the exercise of, or release the ward's powers of appointment, renounce interests, make gifts in trust or otherwise, or change beneficiaries under insurance and annuity policies only if…
N.J.S.A. 3B:3-45 Exercise of power of appointment. statute
Unless the governing will or trust expressly provides otherwise, a non-fiduciary power holder authorized to dispose of property among appointees may exercise the power to create less than absolute interests, including…
N.J.S.A. 3B:31-28 Modification or termination because of unanticipated circumstances or inability to administer trust effectively. statute
The court may modify the administrative or dispositive terms of a trust or terminate it if, because of circumstances not anticipated by the settlor, the change will further the trust's purposes, following the settlor's…

New York

N.Y. Estates, Powers and Trusts Law § 10-6.6. Exercise of a power of appointment; trustee's authority to invade principal in trust. statute
Text of New York's decanting statute. An authorized trustee with unlimited discretion to invade principal may appoint principal to a new trust for one or more current beneficiaries of the invaded trust;
N.Y. Estates, Powers and Trusts Law § 3-3.7. Testamentary disposition to trustee under, or in accordance with terms of existing inter vivos trust. statute
Pour-over text: a testator may by will dispose of or appoint all or part of the estate to the trustee of a trust whose terms are evidenced by a written instrument, whether or not assets were transferred before death,…
N.Y. Estates, Powers and Trusts Law § 7-1.11. Application of principal to creator of trust as reimbursement for taxes. statute
Unless the trust's governing document provides otherwise, the trustee of an express trust may from time to time pay from principal to the creator an amount equal to any income taxes on any portion of the trust principal…
N.Y. Estates, Powers and Trusts Law § 7-1.6. Application of principal to income beneficiary. statute
Unless the disposing document provides otherwise, the court having jurisdiction of an express trust to receive and apply income may, after a hearing on notice to all beneficially interested persons, make an allowance…
N.Y. Estates, Powers and Trusts Law § 10-7.1. Creditors of the donee; special power. statute
Property covered by a special power of appointment, or by a general power exercisable solely for the donee's support, maintenance, health and education within Internal Revenue Code sections 2041 and 2514, is not subject…
N.Y. Estates, Powers and Trusts Law § 10-7.2. Creditors of the donee; general power presently exercisable. statute
Property covered by a presently exercisable general power of appointment, or a postponed general power that has become exercisable (other than one limited to support, maintenance, health and education), is subject to…
N.Y. Estates, Powers and Trusts Law § 7-1.10. Provision by non-domiciliary creator as to law to govern trust. statute
Text on a governing-law clause: where a person not domiciled in New York creates a trust that provides it shall be governed by New York law, the provision is given effect for the validity, effect and interpretation of…
N.Y. Estates, Powers and Trusts Law § 7-1.15. What property may be disposed of by lifetime trust. statute
Text in one sentence: every estate in property may be disposed of by lifetime trust. Read section 7-1.18 on how assets are transferred into the trust, since the trust is valid only as to assets actually transferred.
N.Y. Estates, Powers and Trusts Law § 7-2.4. Act of trustee in contravention of trust. statute
N.Y. Estates, Powers and Trusts Law § 7-3.1: Disposition in trust for creator void as against creditors statute

Ohio

Ohio Rev. Code § 5801.04. Trustee powers, duties, and relations - beneficiaries' rights. statute
Ohio text stating that the terms of a trust prevail over the Trust Code except for the listed mandatory rules, which include the requirements for creating a trust, the trustee's duty to act in good faith, the…
Ohio Rev. Code § 5808.18. Trustee's power to make distributions in further trust statute
Ohio's decanting statute: unless the trust says otherwise, a trustee with absolute power to distribute principal to current beneficiaries may distribute principal, and undistributed income, to a second trust for one or…
Ohio Rev. Code § 2107.63. Real or personal property devised, bequeathed or appointed to trustee of existing trust statute
A testator may devise or appoint property to the trustee of a trust already in existence, which is Ohio's pour-over provision. Name the trust by its exact name and date so the gift is identifiable.
Ohio Rev. Code § 5804.11. Termination or modification of noncharitable irrevocable trust statute
On petition, the court must approve modification or termination of a noncharitable irrevocable trust if the settlor and all beneficiaries validly consent, even if inconsistent with a material purpose;
Ohio Rev. Code § 5805.03. Creditors of discretionary trust beneficiary may not reach interest statute
No creditor or assignee of a beneficiary of a wholly discretionary trust may reach the beneficiary's interest or an undistributed distribution by attachment, judicial sale, an order compelling distributions or any other…
Ohio Rev. Code § 5805.06. Rights of settlor's creditors - power of withdrawal. statute
Ohio text stating that, whether or not the trust has a spendthrift provision, the property of a revocable trust is subject to the settlor's creditors during the settlor's lifetime, with further rules for irrevocable…
Ohio Rev. Code § 5163.21. Eligibility determinations for cases involving medicaid programs (trusts) statute
The statute behind Ohio's Medicaid trust rule, applying to initial eligibility determinations and their appeals: an applicant or recipient who is a trust beneficiary must submit a complete copy of the trust with all…
Ohio Rev. Code § 5805.01. Validity and effect of spendthrift provisions. statute
Ohio text on spendthrift provisions: valid if it restrains both voluntary and involuntary transfer of a beneficiary's interest (or involuntary transfer with voluntary transfer permitted only with a non-beneficiary…
Ohio Rev. Code § 5806.03. Control of rights of beneficiaries and duties of trustees. statute
Ohio text stating that during the settlor's lifetime, whether or not the settlor has capacity to revoke, the beneficiaries' rights are subject to the settlor's control and the trustee's duties, including the duties to…
Ohio Rev. Code § 5808.13. Keeping beneficiaries informed - requests - required reports. statute
Ohio text on the duty to inform and report: the trustee keeps current beneficiaries reasonably informed, responds promptly to requests for information, and on request furnishes a copy of the trust instrument (which may…

Pennsylvania

20 Pa.C.S. § 7740.2. Modification or termination of noncharitable irrevocable trust by court - UTC 412. statute
The court may modify the administrative or dispositive provisions of a noncharitable irrevocable trust, make an allowance from the principal of the trust or terminate it if, because of circumstances apparently not…
20 Pa.C.S. § 5536. Distributions of income and principal during incapacity. statute
A guardian of the estate may spend income on the incapacitated person's care and maintenance without court approval, and the court may authorize payment of income or principal for the person, the spouse, children and…
20 Pa.C.S. § 7740.1. Modification or termination of noncharitable irrevocable trust by consent - UTC 411. statute
A noncharitable irrevocable trust may be modified or terminated on consent of the settlor and all beneficiaries even if inconsistent with a material purpose, and the settlor's power to consent may be exercised by a…
20 Pa.C.S. § 7705. Trust controls; mandatory rules - UTC 105. statute
The terms of a trust prevail over contrary provisions of the chapter except for the mandatory rules listed in subsection (b), beginning with the requirements for creation in section 7732, the trustee's duty to act in…
20 Pa.C.S. § 7740. Termination of trusts; proceedings for termination or modification of trusts - UTC 410. statute
A trust terminates to the extent it is revoked or expires by its terms, no purpose remains to be achieved or its purposes have become unlawful or contrary to public policy, and it may also be terminated by the methods…
20 Pa.C.S. § 7742. Spendthrift provision - UTC 502. statute
A spendthrift provision is valid only if it restrains both voluntary and involuntary transfer of a beneficiary's interest;
20 Pa.C.S. § 7743. Exceptions to spendthrift provision - UTC 503. statute
A spendthrift provision is unenforceable against a beneficiary's child with a support judgment or order (as to income and principal), any other person with a support judgment or order (as to income), a judgment creditor…
20 Pa.C.S. § 7751. Capacity of settlor of revocable trust - UTC 601. statute
The capacity required to create, amend, revoke or add property to a revocable trust, or to direct the actions of its trustee, is the same as that required to make a will.
20 Pa.C.S. § 7753. Trustee's duties; powers of withdrawal - UTC 603. statute
Regardless of the settlor's legal capacity, while a trust is revocable the rights of the beneficiaries are subject to the control of, and the trustee's duties are owed exclusively to, the settlor;
55 Pa. Code § 178.7. Treatment of trust amounts for all categories of MA for trusts established on or after July 30, 1994. regulation
Regulation text: applies to trusts (other than by will) formed with the individual's assets by the individual, the spouse, or a person or court acting for or at their request, without regard to purpose, trustee…

Texas

Tex. Prop. Code § 111.0035. Default and mandatory rules; conflict between terms and statute. statute
Texas text stating that the terms of a trust prevail over the Trust Code except for the listed matters the terms may not limit, including section 112.031, the exculpation limits of section 114.007, limitation periods,…
Tex. Prop. Code § 112.072. Distribution to second trust: trustee with full discretion statute
Lets an authorized trustee with full discretion over principal distribute it to a second trust for one or more current and successor or presumptive remainder beneficiaries of the first trust, and in doing so grant a…
Tex. Prop. Code § 112.006. Additions to trust property. statute
Texas text stating that property may be added to an existing trust from any source in any manner unless the addition is prohibited by the terms of the trust or the property is unacceptable to the trustee.
Tex. Prop. Code § 112.035. Spendthrift trusts. statute
Texas text on spendthrift trusts: a settlor may restrain voluntary and involuntary transfer of a beneficiary's interest, a declaration that the interest is subject to a spendthrift trust is sufficient, and a restraint…
Tex. Prop. Code § 112.054. Judicial modification, reformation, or termination of trusts statute
On petition of a trustee or beneficiary, a court may change the trustee, modify terms, permit or forbid trustee acts, or terminate a trust in whole or part if its purposes are fulfilled or impossible, unanticipated…
Tex. Prop. Code § 112.085. Exceptions to power of distribution statute
Bars a Texas decanting under sections 112.072 or 112.073 that would reduce a beneficiary's current vested right to a mandatory distribution of income or principal, a mandatory annuity or unitrust interest, or a…
Texas MEPD Handbook F-6100. Testamentary and Inter Vivos Trusts guidance
Treats trusts not formed with the applicant's own assets: the corpus is countable only if the person is the trustee and has the legal right to revoke the trust and use the money for the person's own benefit, and it is…
Texas MEPD Handbook F-6500. Irrevocable Trusts guidance
For an irrevocable trust formed with the person's assets, any portion from which payment could be made to or for the person is a countable resource, payments to or for the person (other than medical and social services)…
Tex. Fam. Code § 3.003. Presumption of community property statute
All property possessed by either spouse at dissolution is PRESUMED COMMUNITY, and separate character must be proved by CLEAR AND CONVINCING EVIDENCE. The burden is the practical battleground;
Tex. Prop. Code § 112.001. Methods of creating trust. statute
Texas Trust Code text listing the methods of creating a trust: a property owner's declaration, an inter vivos transfer to a trustee, a testamentary transfer, an appointment under a power of appointment, or a promise…

Virginia

Virginia Code § 64.2-729. Modification or termination of noncharitable irrevocable trust by consent statute
On petition, the court must approve modification or termination of a noncharitable irrevocable trust if the settlor and all beneficiaries consent, even against a material purpose;
Virginia Code § 64.2-753. Limitation on action contesting validity of revocable trust; distribution of trust property. statute
Virginia text on the time to contest a trust that was revocable at the settlor's death (the earlier of two years after death or six months after the trustee's notice with a copy of the instrument) and on the trustee's…
Virginia Code § 64.2-779.8. Decanting power under expanded distributive discretion statute
A fiduciary with expanded distributive discretion over a first trust may decant its income or principal to a second trust, but the second trust may not add current beneficiaries, add remainder or successor beneficiaries…
Virginia Code § 64.2-427. Testamentary additions to trusts by testator dying after June 30, 1999. statute
Virginia text allowing a will to devise property to the trustee of a trust established or to be established during the testator's lifetime or at death, if the trust is identified in the will and its terms are in a…
Virginia Code § 64.2-730. Modification or termination because of unanticipated circumstances or inability to administer trust effectively statute
The court may modify the administrative or dispositive terms of a trust or terminate it if circumstances the settlor did not anticipate mean modification or termination will further the trust's purposes, following the…
Virginia Code § 64.2-742. Rights of beneficiary's creditor or assignee statute
To the extent a beneficiary's interest is not protected by a spendthrift provision, the court may let a creditor or assignee reach it by attaching present or future distributions or other means, limited to appropriate…
Virginia Code § 64.2-743. Spendthrift provision. statute
Virginia text on spendthrift provisions: a provision is valid only if it restrains both voluntary and involuntary transfer, the words "spendthrift trust" or similar are sufficient, and a beneficiary may not transfer an…
Virginia Code § 64.2-744. Exceptions to spendthrift provision statute
A spendthrift provision does not bar a beneficiary's child with a support judgment or a judgment creditor who provided services protecting the beneficiary's interest from attaching distributions, and, subject to §…
Virginia Code § 64.2-745.1. Self-settled spendthrift trusts statute
The creditor-reach rule of § 64.2-747 does not apply to a settlor's qualified interest in a qualified self-settled spendthrift trust (it continues to apply to other retained interests);
Virginia Code § 64.2-750. Capacity of settlor of revocable trust. statute
Virginia text stating that the capacity required to create, amend, revoke or add property to a revocable trust, or to direct its trustee, is the same as that required to make a will.

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