Missouri Irrevocable Trust With Life Estate
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FAQ
Transferring large assets, such as a home, into a life estate or irrevocable trust can help an individual qualify for Medicaid, although this can depend on state law. Life estates split ownership between the giver and receiver. An irrevocable trust allows an individual to give away part of an asset.
An irrevocable trust is a separate legal entity that takes ownership of your assets and manages them on behalf of beneficiaries. A life estate is simply a deed of ownership that lets you retain partial ownership of a property during your lifetime before passing the property on to another after you pass.
The Missouri Uniform Trust Code set forth a number of procedures by which interested parties in an irrevocable trust can request that the Court modify its provisions. A trust typically becomes irrevocable after the settlor/trust-creator dies or becomes incapacitated.
When the grantor of an irrevocable trusts dies, the person named successor trustee in the Declaration of Trust assumes control of the trust. The new trustee distributes the assets placed in the trust to the proper beneficiaries.
If you make yourself the trustee, you must also designate a successor trustee who will take control of the trust when you die. Create the trust document by using software or hiring an attorney. Sign trust agreement in front of a public notary. Fund the trust by retitling assets to the trust's name.