payback provision
- A clause in a specific trust guaranteeing that Medicaid is reimbursed from remaining trust property upon the death of the beneficiary, particularly in trusts funded with the beneficiary's own property
- The payback provision in her son's special needs trust ensured that Medicaid would be reimbursed after his passing.
- Their lawyer stressed the importance of including a payback provision in their disabled daughter's trust.
- The existence of a payback provision distinguished the self-settled trust from a third-party trust.
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