It is common for a parent to want to be named as trustee of a special needs trust benefitting her child, especially when the parent is the one creating or funding the trust. There are many reasons why this makes sense. It...more
The Special Needs Trust Fairness Act -
On December 13, 2016, President Barack Obama signed into law the 21st Century Cures Act. Buried in this law is the Special Needs Trust Fairness Act– a sentence long provision to...more
Most parents of children with special needs are well versed when it comes to the government benefits like Medicaid or Supplemental Security Income (SSI) that their child receives. Most know not to give the child any money...more
Special needs trusts (SNTs) can play an important role in helping families plan for children with special needs. Here are some of the most compelling reasons to speak with your attorney about establishing an SNT....more
The federal gift tax system is one of the most misunderstood concepts in special needs planning, and for good reason: it's incredibly complicated. This complexity has resulted in the propagation of one of the most common...more
Do you know one person who is an expert in disability law, housing, medicine, social work and, on top of all that, knows all of the members of your family and how they interact with one another? If you do, this person should,...more
Inexperienced or incompetent estate planning attorneys have a bad habit of telling parents of children with special needs to simply write their child out of their estate plan altogether in order to ensure that the child will...more
Imagine how you would feel if you walked into your bank, asked for a summary of your account activity and the bank told you that it had no idea how much money was in your account or how it had been spent. Of course, this...more
Choosing a trustee is one of the most important and difficult issues in creating a special needs trust (SNT). Trustees must have the necessary expertise to manage the trust, including making proper investments, paying bills,...more
A Special Needs Trust (SNT) can play an important role in preserving the financial security and lifestyle of a person with special needs. A properly drafted SNT allows the individual to benefit from supplemental resources...more
Because beneficiaries of programs like Supplemental Security Income (SSI) and Medicaid must be quite poor to qualify, they can lose their benefits when they come into an inheritance, receive money in their own names from an...more
Doctors recommend visiting once every year for a physical, and dentists stress the importance of six-month checkups, but did you know that you should also take the time to review your special needs plan with your attorney at...more