Should You Establish a Special Trust for Your Child?
Let’s talk about a special trust for your child. Not necessarily a “special needs” trust, but a trust for a beneficiary who can not manage their own finances. What’s in a name? Search for information about special needs trusts, and you’ll find plenty of entries. But you’ll also find plenty of confusion. What’s the difference […]
Special Needs Education During COVID
The pandemic response across the country has led to incalculable problems and challenges. One problem area that has been hit especially hard: special needs education. What is special needs education? In normal times, U.S. law requires states and local school districts to provide opportunities for children with special needs. The Individuals with Disabilities Education Act […]
Explaining Third-Party Special Needs Trusts
What is the difference between a third-party special needs trust and a self-settled trust? The distinction can be way more confusing than it ought to be. The trusts are similar in a number of ways, but there are important differences. A few months ago, we explained self-settled special needs trusts in this space. Those are […]
Grandson’s Trust Not Countable Asset Even After Modification
Too often, people fail to adequately plan for their children (or grandchildren) who have disabilities. This week we read a Nebraska case about a grandson’s trust that put his public benefits at risk. His grandmother had created a trust for him, but it was not a “special needs” trust. The courts fixed the problem, but […]
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 […]
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 […]
New York Judge Takes Bank, Lawyer to Task Over Special Needs Trust
MARCH 9, 2013 VOLUME 20 NUMBER 10 We don’t very often focus on trial court decisions, and especially not in cases from outside Arizona. Trial judges are often very dedicated and bright, and their opinions may be eloquent and well-reasoned, but they do not establish precedent we can describe for our readers. Once in a […]
Can a Special Needs Trust Pay Credit Card Bills? Security Deposit?
JANUARY 21, 2013 VOLUME 20 NUMBER 3 Administering a “special needs” trust can be a challenge. The rules often seem vague, and they occasionally shift. What may seem like a simple question might actually involve layers of complexity. Sometimes an expenditure might be permissible under the rules of, say, the Social Security Administration, but not […]
Special Needs Trusts: How Much Trouble Are They to Manage?
SEPTEMBER 3, 2012 VOLUME 19 NUMBER 34 I’m thinking about setting up a special needs trust for my son, who has a developmental disability. Will it mean a lot more work for my daughter, who will be handling the estate? It’s a fair question, and one we hear a lot. No one ever asks: “could […]
Arkansas Court Refuses to Allow Trust Modification
JUNE 25, 2012 VOLUME 19 NUMBER 24 A recent Arkansas Court of Appeals case reminds us (yet again) how important it can be to plan for the possibility of a future disability in your family. Here’s the background (with names changed to help protect internet privacy): Ruth Olsen, like thousands of other seniors, created a […]
