Legal Topics > Wills, Trusts & Probate > Getting Your Affairs in Order >

Nolo's Plain-English Law Dictionary

Need Professional Help? Talk to a Lawyer
Enter Your Zip Code to Connect with a Lawyer Serving Your Area

Payback Provision: A provision in a special needs trust requiring that, after the beneficiary dies, the trustee must use any property left in the trust to reimburse Medicaid for benefits the beneficiary received. Special needs trusts containing property originally belonging to the beneficiary (self-settled trusts) must have a payback provision to avoid having the property considered the beneficiarys resource for program eligibility purposes. Third-party trusts do not have a payback provision.

Need Legal Help?
Get Informed	Check out our thousands of free articles on everyday legal topics--they're accurate, up to date, and written in plain English.
Do It Yourself	With Nolo's easy-to-use books, legal forms, online services, and software, you can handle many routine legal tasks yourself.
Talk to a Lawyer	Just enter your zip code to connect with a lawyer serving your area.

More Information

Get Informed