Appointing a Successor Trustee when the Trustee Dies

The governing documents for trusts often designate who will serve as successor Trustee if the office of Trustee becomes vacant. However, sometimes the trust documents are silent concerning this issue, or sometimes none of the designated successors are able to fill a vacancy in the office of Trustee. What can you do in such a circumstance?

In the past, the only recourse a trust beneficiary had was to incur the time and expense of obtaining a court order to appoint a new Trustee. Now however, under Maryland’s recently new Trust Code, beneficiaries can take action to install a successor Trustee without going to court.

In order to do so, the law requires the beneficiary to identify all of the “qualified beneficiaries,” which includes beneficiaries currently eligible to receive income and/or principal distributions, and those who would be able to receive such amounts if the current beneficiaries cease to be eligible.

One provision of the Maryland Trust Code allows for appointment of a successor Trustee by unaimous agreement of the qualified beneficiaries. Another provision allows for persons who have an interest in the trust to enter into a non-judicial settlement agreement, which agreement, among other things, can provide for the appointment of a successor Trustee.

While these avenues of appointing a Trustee are less onerous than having to petition a court, it still is important that one follow all of the procedures set forth in the relevant statutes.

William M. Gatesman works with clients to appoint successor Trustees using these streamlined non-judicial methods, thereby enabling such clients to save time and money.

Funeral Services on a Budget

While many people take into consideration social or religious considerations when choosing what funeral services to utilize, and such considerations may preclude those from seeking out cremation services, there are others who do not take those considerations into account and desire to know what inexpensive services exist for dealing with one’s bodily remains after death. One such service provider in Maryland and surrounding areas is the Going Home Cremation Service, the website for which company is http://www.goinghomecremation.com/.

Obtaining Medicaid for Prior Month’s Nursing Home Costs

William M. Gatesman frequently assists clients or their families to obtain Medicaid benefits to cover the long term care costs in a nursing home. In order to qualify for such benefits, the nursing home resident must meet certain medical and financial eligibility requirements, and Mr. Gatesman helps clients to meet those requirements. Often, the strategies employed allow for maximum asset preservation, allowing spouses or families to retain accumulated wealth while still qualifying for Medicaid benefits.

Sometimes, an individual has outstanding unpaid nursing home costs, or other unpaid medical bills, when they finally take action to satisfy the Medicaid eligibility requirements. Fortunately, the law allows for reimbursement for such pre-eligibility medical expenses through the Medicaid program.

That being the case, sometimes the best strategy is to refrain from paying an outstanding nursing home bill in order to qualify for Medicaid, and instead to make a payment that will be more beneficial, such as prepaying funeral and burial costs. Then, when a Medicaid application is filed, the applicant can request that such unpaid nursing home costs be paid with Medicaid dollars.

There are certain restrictions and there is a particular approach one must take in order to secure Medicaid coverage for past due medical bills. William M. Gatesman assists clients in obtaining this benefit which is a benefit over and above securing Medicaid benefits to pay current nursing home costs.

To learn more, you may call William M. Gatesman at 301-260-0095 to find out if you or loved one can benefit from this additional payment option.