Estate Planning - Special Needs Trusts

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Adults with Disabilities: Prepare for the Future with a Special Needs Trust (pdf copy)
(Michigan Bar Journal - Churchill Article - Oct. 2000) (online archived copy)

Anatomy of a Special Needs Trust: Duty of Loyalty (Nov. 2008)
This presentation was on behalf of NAELA and reviewed the complex relationships an attorney and/or trustee may have in drafting or administering a trust. There is a loyalty due to the Grantor or Settlor of the trust, as well as a level of responsibility to the beneficiaries.

Benefits Checklist (Patricia E. Kefalas Dudek)
For administering a special needs trust - used to determine if the beneficiary is getting all the public benefits they can.

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.

OBRA-93 Trust Options for Persons with Disabilities (Patricia E. Kefalas Dudek) (2005 revisions)

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.

Special Needs Trusts, Public Benefits Eligibility and Housing Issues for People with Disabilities (Nov. 2008)
This presentation was on behalf of NAELA and was held at the Advanced Elder Law Institute held in Kansas City. I was honored to be the last speaker at the Law Student Day (a free one-day event for all law students to participate in at the NAELA Institute and learn about Elder Law.)

A Booming Business Serves Special Needs Families (Business Week - 1/8/09)
Employers, financial services firms, and consultants are helping families with disabled members qualify for financial and educational aid

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.

Financial Planning: Special Needs Trusts (ABA - 2/05)
Much has changed in the emerging area of planning for the disabled.

How a "Sole Benefit Trust" Can Either Hurt or Help a Person with Special Needs (Special Needs Answers - 10/23/09)
When helping older clients quickly qualify for Medicaid coverage of long-term care, elder law attorneys often ask right at the outset, "Do you have a relative with special needs?" The reason this question is so important is because under federal Medicaid law, someone applying for Medicaid long-term care (nursing home) benefits can transfer her assets into a special needs trust for the "sole benefit" of a person with disabilities, and that transfer will not disqualify the Medicaid applicant from receiving benefits. In other words, a senior who is willing to give away her assets to a person with special needs, and who meets all the other Medicaid eligibility requirements, can almost always qualify for Medicaid quickly.

Knowing a Little About How Special Needs Trusts are Taxed Can be Helpful (MMOIA)
Having a little working knowledge about how Trusts are taxed can help you with planning for your special needs person. It will also help you to work more effectively with your accountant, lawyer and trustees.

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 .

Preserving Disability Benefits When Settling Personal Injury, Divorce & Worker Comp. Claims
(Lawrence A. Friedman, Esq.)
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.

Planning for the Long Haul (Disability Scoop)
Attorney Diedre Braverman answers questions about guardianship, when and how to set up a special needs trust and who to involve.

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.

Special Needs Trust: Avoiding a Malpractice Trap (VA Lawyers Weekly - 3/16/09)
Personal injury lawyers are cautioned against dabbling in the field when they get a settlement or judgment that could jeopardize benefits for a client. They could be doing more harm than good with their personal injury recovery, the experts say.

Special Needs Trust Q&A
What is the best method for reimbursing the guardian of a Special Needs Trust beneficiary for monies spent on behalf of the beneficiary?

The Proper Use of Life Insurance in a Special Needs Trust
This article covers a topic that could help insurance agents really help a very motivated client base -- parents with special needs children.

What is a Special Needs Trust and How Could it Apply to You? (YouTube video)
Basic info and examples from Shields and Boris law firm.

Whole Life Insurance and a Supplemental Special Needs Trust: A Smart Combination for Providing Life-long Care for Family Members with Disabilties
Paying for life-long care for a family member with disabilities can be financially overwhelming.

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.

What is a Special Needs Trust? (Mason Law PC)
A Special Needs Trust, also referred to as a Supplemental Needs Trust, is a trust specially designed to hold assets on behalf of a disabled individual in a manner that will benefit the individual without jeopardizing that individual’s SSI, Medicaid or other government benefits.

Qualified Disability Trusts (Ciota, Starr & Vander Linden - 2/13/08)
Since tax year 2002, trustees of certain trusts for disabled indivdiuals have been able to claim the same personal exemption that an individual may claim.

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

Special Needs Trusts Can Help Families Meet Financial Needs (Aiken Standard - 1/10/09)
One of the best ways to deal with the financial needs of the disabled or handicapped person is through a special needs trust.

What is a "Qualified Disability Trust" for Federal Income Tax Purposes? (Ron Landsman & Robert Fleming)
Info regarding a small tax benefit for some disabled individuals.

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."