Patricia E. Kefalas Dudek
Advocate for Elders, People
with Disabilities
and Their Families

Special Needs Estate Planning:

Below are links to information relevant to my law practice regarding estate planning for special needs.


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Articles & Publications

Academy of Special Needs Planners Featured on CBS TV News - November 27, 2008
ASNP Co-founder Harry S. Margolis appears in a segment titled "Families with Special Needs Kids Seek Advice" on CBS Boston's affiliate News Channel WBZ TV. Follow link above to see the video. Type in "Special Needs Families" in the search field. The story originally aired on the November 27th nightly news program. Click here to read the text version "Special Needs Planners Help Families Get Care".

Advisors May Recommend Medicare Trust (News-Press.com)
Use of a Special Needs Trust, or SNT, to qualify for Medicaid and SSI.

An Estate Plan Built for Special Needs (Wall Street Journal)
This is a great summary of what we spend every day doing and it was written with input from some of our friends.

Caring for a Special Needs Child - Difficult Questions, Difficult Answers (Corp - 9/1/07)
Parents with a special needs child worry most about what will happen to that child when they are no longer able to care for him or her...planning for the child’s life after the parent’s death can become complicated.

Duties and Responsibilities of the Trustee of a Special Needs Trust (Patricia E. Kefalas Dudek)
A memorandum that outlines the various duties and responsibilities of a Trustee under current Michigan law.

Establishing a Special Needs Trust for your Child with a Disability (Law Office of Steven Ratner)
How can you plan for the financial future of your child to balance private resources of a family with public assistance?

Exceptional Parent Magazine (November 2008)
This entire is devoted to Financial, Estate and Tax Planning for those with special needs. The site requires a one-time free registration to access the magazine. After registration, use the following link: November 2008.

Fight Against Inappropriate Annuities for Seniors and How Elder Law Attorneys Can Help (Elder Law Answers - 6/17/08)
Andrew Friedman, a specialist in class actions against the insurance industry, describes how insurance companies convince the elderly to purchase inappropriate deferred annuities, how these practices are being combated in the courts and what individual elder law attorneys can do to help in the fight against the products.

Financially Preparing for Special-Needs Kids (Elder Law Attorney - 10/20/08)
A good, simple overview of planning for a child with disabilities.

Funding a Special Needs Trust: How Much is Enough? (Academy of Special Needs Planners - Sept. 2007)
As a parent or guardian, you want to ensure that your child with special needs will remain financially secure even when you are no longer there to provide support.

Key Decisions in Setting Up a Special Needs Trust (Special Needs Answers - Sept. 2008)
Although it may sound complicated, at heart a special needs trust is merely a trust established for the benefit of someone with special needs.

Life Settlement Agent Makes Life Easy (Go Articles by William Regal - Sept. 2007)
Life settlement schemes and programs are gaining popularity by loan seekers, insurance agents, financial planners, elder law attorneys, and other financial professionals.

Next Steps: Children can help mom best with advice of a lawyer (Post-Gazette - 11/25/08)
A good summary of Medicaid planning and the use of special needs trusts.

Planning for IRA Beneficiaries with Disabilities (Oast & Hook Elder Law News - June 2007)
An owner of an IRA needs to be aware of the importance of careful planning when an IRA beneficiary has a disability
.

Planning Matters: How to Provide for Special-Needs Children (The Times Herald.com - 12/28/08)
Special-needs children also may be on some form of governmental assistance, such as Supplemental Security Income, Social Security Disability Income or Medicaid.

Preserving Disability Benefits When Settling Personal Injury, Divorce & Worker Comp. Claims
(Lawrence A. Friedman, Esq.) (search Articles for title)
When arranging nearly any kind of payment for a disabled person– whether litigation or administrative award, alimony, child support, gift, or inheritance– lawyers must take account of disability program regulations, which are complex, often defy common sense, and may be at odds with tax considerations.

Protect Loved Ones with Special Needs Trust (The Advertiser.com - 12/15/08)
If you're a parent of one of the six million school-age disabled children in the U.S. today, you know that job can be even more challenging, especially financially.

Representing and Acting as Trustee of a Special Needs Trust (Patricia E. Kefalas Dudek - 2005)
This is from a speech I gave in October, 2005.

Settlement and Estate Planning to Safeguard Disability Aid (Lawrence A. Friedman, Esq.) (search Articles for title)
Because so many disabled people rely on government programs for housing, food, medical care, day programs and other important benefits, two concerns arise when drawing wills, trusts and settlements that impact a client or client’s loved one with serious disabilities.

Settling Personal Injury, Divorce and Other Claims and Estate Plan to Safeguard Disability Aid
(Lawrence A. Friedman, Esq.) (search Articles for title)
Whether settling a disabled client’s personal injury, divorce, probate, or worker compensation claim or planning an estate, two considerations should be paramount: preserving eligibility for government programs and resolving public benefit liens.

Some Gifts Take More Than They Give (Register-Herald - 12/19/08)
"Families of children with special needs must be very careful about accepting gifts from well meaning friends and family....Families have literally lost thousands of dollars in aid and services because they didn’t know how to plan.”

Special Needs Alliance - The Voice Newsletter (Jan. 2009)
Providing information and answers about special needs planning for family members and professionals.

The Effect of Military Survivor Benefits on a Child With Special Needs (Academy of Special Needs Planners - 6/30/2008)
When retirement looms, many military families with children with special needs face a decision about whether or not to choose the Survivor Benefit Plan (SBP) retirement option. Receipt of SBP payments could jeopardize the child's eligibility for SSI and Medicaid.

Think About a Special Needs Trust (Chadd Leadership Blog - 12/3/08)
Ever think about how you will provide for your child with special needs once you are no longer around? Any family with a child who has significant special needs should consider establishing such a trust.

Using Annuities for Long-Term Care Planning (Elder Law Weblog - 9/23/08)
Insurance agents and financial institutions often advertise annuities as the perfect way to generate retirement income. While annuities can be a valuable retirement tool, if you are buying an annuity as part of a Medi-Cal planning strategy, you need to fully understand what you are getting.

Worst Mistakes Made in Planning and Drafting SNTs (Academy of Special Needs Planners - 7/14/08)
From the National Academy of Elder Law Attorneys Symposium, info on a presentation that focused on "The Top Worst Mistakes Attorneys and Trustees Make When Planning, Drafting or Administering Special Needs Trusts."

Writing a Memorandum of Intent for a Special Needs Child (Donald D. Vanarelli Blog - 11/7/08)
How can you ensure that your special needs child will remain well cared for and secure once others assume the role of guardian or caregiver? Also see sample Letter of Intent.