Must the money left over in a special needs trust after a disabled person dies be paid to the government?

 

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If the trust created was a payback special needs trust then yes, the monies left over at death must first go to reimburse public benefits prior to being paid out to the designated beneficiaries. If the trust was not a payback trust, then when the person dies, the beneficiary, it can be paid out to the designated beneficiaries of the trust.