Amounts of Trust Benefits Determined to be Available Assets 415-25-10-40-15

(Revised 11/02 ML #2829)

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The amount from a trust considered available to a household member who is a trust beneficiary is:

 

1. In the case of a revocable trust:

1. If a household member is the grantor, all of the trust assets; and
2. If a household member is not the grantor, only trust funds actually distributed to a household member;

2. In the case of an irrevocable trust where the grantor and all trust beneficiaries are members of the household, all of the trust assets;
3. In the case of an irrevocable trust where the grantor or at least one trust beneficiary is not a member of the household, the greatest of:

1. The amount actually distributed to any household member;
2. The amount the trustee is required under the terms of the trust to distribute to any household member;
3. The amount from a support trust that a trustee has discretion to distribute to the household member, assuming the fullest exercise of discretion to distribute the greatest amount permissible under the terms of the trust.