Authority To Seek Aid And Guidance; Expenses Incident To Proceedings Sample Clauses

Authority To Seek Aid And Guidance; Expenses Incident To Proceedings. In the event of a lawful determination by a court or agency of competent authority that any portion of the Trust Estate is liable for the maintenance, support, medical and/or dental care of **BENEFICIARY NAME** which would otherwise be provided by any instrumentality or program of the local, state, or federal government or any agency or department thereof, including without limitation Medicaid, or that the existence of the Trust renders him or any person contributing assets to the Trust ineligible to receive any public entitlements or government benefits to which any such person would otherwise be entitled, or if the Trustee shall determine that notwithstanding the spendthrift provision, it is likely or there is a substantial risk that this Trust will be subject to invasion, garnishment or attachment by any creditor, including any public or governmental entity, and in addition if the Trustee in the exercise of sole discretion determines it is not in the best interest of **BENEFICIARY NAME** that the Trust be continued, Trustee may seek the aid and guidance of a court of record having general jurisdiction over matters at law or in equity in the jurisdiction in which **BENEFICIARY NAME** may then reside. In determining whether the existence of this Trust has the effect of rendering **BENEFICIARY NAME** ineligible to receive any governmental assistance benefits to which he would otherwise be entitled, Trustee may initiate or defend administrative and/or judicial proceedings to determine eligibility, to defend the Trust Estate (corpus and income) from invasion by any public or private entity, including the commencement or defense of any action at law or equity, and to incur on behalf of the Trust, and to pay from the Trust, all necessary and reasonable costs and expenses related thereto, including attorney’s fees, provided that no such cost or expense shall be paid from the Medicare Set Aside Share to the extent prohibited by the Medicare Secondary Payor Law. Upon termination of the Trust under this provision, the principal and any accrued and undistributed income of the Trust shall be held, administered and distributed pursuant to such court’s order, it being the intention of the Settlor that any termination of the Trust and subsequent disposition of the Trust Estate shall be for the sole benefit of **BENEFICIARY NAME**, subject to the restrictions and limitations herein regarding the Medicare Set Aside Share.
Sample 1
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