Act 2019-489 Impacts Future Estates
Governor Kay Ivey recently signed Act 2019-489, which requires the personal representative to serve official notice to the Alabama Medicaid Agency when filing to probate an estate or when filing to administer an estate. This Act goes into effect on September 1, 2019.
Alabama Family Trust has developed forms that will meet both the Medicaid Notice and Affidavit requirements fwhich we are providing to attorneys and judges as a free service.
Alabama Family Trust: Our View on Legal Advice
Alabama Family Trust is a non-profit pooled special needs trust administration company. While many members of our board and staff are attorneys, Alabama Family Trust is not a law firm and does not provide legal advice or assistance to the public.
Things Alabama Family Trust can do:
- Assist you in completing Alabama Family Trust documents
- Help you understand what documents you need to provide in order to establish an Alabama Family Trust trust
- Give you information about how Social Security or Medicaid should view certain payments made from the trust
- Answer questions that deal specifically with an Alabama Family Tust trust you have established
Things Alabama Family Trust cannot do:
- Provide legal advice
- Calculate the amount of money to deposit into the trust
- Give advice about what to do to qualify for government benefits
- Assist in obtaining government benefits
- Give advice on how to respond to or interact with the Social Security Administration or a Medicaid Agency
You are not required to have an attorney to establish a trust with Alabama Family Trust, and many of our trusts have been established without any known assistance from an attorney. However, the establishment of a trust, by itself, may not be enough to resolve all eligibility issues with Social Security or a Medicaid Agency. Navigating the rules and regulations of these agencies can be very complicated.
To ensure all appropriate measures are taken in your planning, Alabama Family Trust recommends individuals seek legal counsel to guide them through the process of properly obtaining Supplemental Security Income (SSI) and Medicaid benefits.