How We Actually Use ABLE Act Accounts
We’ve written and talked about ABLE Act accounts before. But we’d like to revisit the subject with a very practical update. Let’s answer the question: how do we actually use ABLE Act accounts in our practice today? Start with a recap: what’s ABLE? Before we get practical, though, we do need to review the concepts. […]
What “Elder Law” Means to Us at Fleming & Curti, PLC
VOLUME 24 NUMBER 11 At Fleming & Curti, PLC, we practice elder law. But what does that term mean? Our practice is focused on typical legal problems faced by older individuals. We also regularly work in the field of special needs planning for individuals with disabilities. Because the people coming to see us are often […]
Debit Card for Special Needs Trust Creates Eligibility Problem
AUGUST 3, 2015 VOLUME 22 NUMBER 28 As part of Pennsylvanian Sharon Edwards’ (not her real name) divorce settlement, she and her husband agreed to establishment of a special needs trust to hold some of the marital property she would receive. With the trust in place, Sharon would continue to qualify for Supplemental Security Income […]
Managing a Special Needs Trust — The Handbook
APRIL 13, 2015 VOLUME 22 NUMBER 14 Are you named as trustee of a special needs trust? Are you a trust beneficiary, wondering about how the trust should be administered? Or are you a parent or grandparent of an individual with a disability, wondering about what a special needs trust might actually look like in […]
Income Taxation of the Self-Settled Special Needs Trust
MARCH 16, 2015 VOLUME 22 NUMBER 11 This time of year, we are often asked about income tax issues — especially when a trust is involved. It may take us several newsletters, but let’s see if we can’t demystify the income taxation of trusts. We will start with the type of trust we most often […]
The Affordable Care Act and People with Disabilities
SEPTEMBER 30, 2013 VOLUME 20 NUMBER 37 The Affordable Care Act is upon us, or almost so. October 1, 2013, is usually listed as a key date for the ACA, and it is — but nothing actually changes on that date. Quite a few changes have become effective already. The changes receiving the most media […]
Principles of Self-Settled (“First Party”) Special Needs Trusts
SEPTEMBER 26, 2011 VOLUME 18 NUMBER 34 There is so much confusion about the difference between “self-settled” and “third-party” special needs trusts, that we want to try to explain and simplify some of the key concepts. Here are some of the most common questions (and misunderstandings): What is the difference between “self-settled” and “third-party” special […]
NAELA, NELF, CELA, ACTEC — What Does It All Mean?
APRIL 18, 2011 VOLUME 18 NUMBER 14 All you want to do is to find a lawyer to draft a simple will and powers of attorney. You ask your friends, but no one has a referral they feel unequivocally good about. A little online searching reveals that there are any number of organizations, credentials and […]
Can My Brother’s Special Needs Trust Pay His Property Taxes?
DECEMBER 6, 2010 VOLUME 17 NUMBER 37 A client’s question: My brother has a special needs trust, and I am the trustee. He lives in his condo and gets services from AHCCCS and ALTCS. Can the trust pay his property taxes? Interesting question. The answer isn’t as easy or straightforward as it ought to be. […]
Special Needs Trust Planning for Children With Disabilities
NOVEMBER 3, 2003 VOLUME 11, NUMBER 18 If your child has a disability you will have thought about what would happen on your death. Who will take care of your child? Who will pay for that care? Your estate plan can help address those concerns—and should probably include what most in the disability community call […]
