Under-65 Trust Law and Legal Definition

Under 65 trusts are trusts established for the sole benefit of a Medicaid recipient who is under the age of 65. Any person who is under 65 and not a beneficiary can establish such trusts. While determining Medicaid eligibility the assets in trust will not be included in the beneficiary's estate. The beneficiary may receive distributions from the trust during life. However, any balance remaining in the trust must be used to reimburse the state for the beneficiary's Medicaid expenditures.