The ABLE Act in Arizona
Now that the ABLE Act in Arizona is a little more than a year old, it might be a good time to review the rules, when it makes sense to open an ABLE Act account and what limitations you might face. Our podcast episode this week also deals with ABLE Act accounts. Between our two […]
Explaining Self-Settled Special Needs Trusts
New clients frequently come to us after they have been told that they need to “get” or “set up” a special needs trust. They often don’t realize that there are different kinds of special needs trusts. Sometimes a self-settled special needs trust is the right answer. In some cases the right approach is a third-party […]
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 […]
Trust Modification After Beneficiary’s Disability
A recent Alabama court case addressed trust modification after a beneficiary’s serious injury. The lesson learned: a trustee must act quickly.
Surcharge Order Entered Against SNT Trustee
It can be hard for the trustee of a special needs trust to figure out what expenditures are permitted. The trust document might give some direction. Medicaid and Social Security eligibility workers will review the actual expenditures. And often, a court is looking over the trustee, as well. The court is the only one, though, […]
State Court Ordered to Approve Special Needs Trust
When an individual receiving Medicaid benefits receives a significant personal injury award, federal law permits creation of a “special needs” trust to hold the proceeds. That way, the individual can continue to receive Medicaid and other government benefits. Although every state’s Medicaid program allows such trusts, state court judges often balk at the concept. A […]
Pooled Special Needs Trust Payable to Estate on Beneficiary’s Death
Theresa Givens settled a personal injury lawsuit in 2011. She would receive a little over $250,000 in settlement proceeds. In order to keep her Medicaid benefits, she put her lawsuit settlement into a pooled special needs trust. Before she could even get any serious benefit from the trust account, she died in November, 2011. Pooled […]
Federal Tax Cut Law Affects Seniors and Those With Disabilities
The Tax Cut and Jobs Act became law at the very end of 2017, and affects taxes for the current year. Many commentators have dissected how the tax cut law will affect tax rates, and business taxes. That’s not all the Act contains, however. A number of changes will particularly affect our older clients or […]
Special Needs Trustee Fees Set By Corporate Fee Schedule
Special needs trusts can help provide extra benefits for someone receiving Supplemental Security Income (SSI), Medicaid or (in Arizona) AHCCCS or ALTCS services. Anyone planning to leave money for an individual on public benefits should consider a special needs trust. Keep in mind, though, that there will be trustee fees for any professional serving as […]
North Carolina Court Reviews Special Needs Trust’s Purpose
When someone creates a trust — any trust — they have some purpose or goal. What is a special needs trust’s purpose? That seemingly simple question is the focus of a recent North Carolina case. Indeed, four different levels of that state’s courts seem to have trouble coming up with a straightforward answer. The guardianship […]