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Generally, a trustee is the only person allowed to withdraw money from an irrevocable trust.
Indeed, trusts can and do end when the grantor specifies an end date or condition, and that condition is met. For example, the grantor can say that a child gets the benefit of cash in a trust until the child turns 18, or, alternatively, until the child graduates from college.
An irrevocable trust is a very powerful tool for Medicaid Asset Protection, as it allows you to shelter assets from a nursing home after they have been in the trust for five years.
An irrevocable trust may automatically terminate on a specific date if the grantor specified a termination date in the trust document. If the grantor did not provide a termination date, an irrevocable trust may be terminated for other reasons.
When a trust is irrevocable but some or all of the trust can be disbursed to or for the benefit of the individual, the look-back period applying to disbursements which could be made to or for the individual but are made to another person or persons is 36 months.
The grantor (as an individual or couple) transfers their assets to an irrevocable trust. However, unlike other irrevocable trusts, the grantor can be the income beneficiary. Their children or spouse would be the residual beneficiaries.
Year Trust, also known as a Legacy Trust or Medicaid Asset Protection Trust, can be established to protect assets from being spent down on long term care in a nursing home. The assets you place in the Legacy Trust will become exempt from the Medicaid spend down requirements after a 5 year look back period.
Under California's Rule Against Perpetuities, an interest in an irrevocable trust must vest or terminate either within 21 years after the death of the last potential beneficiary who was alive when the trust was created or within 90 years after the trust was created.