Estate and Elder Law

Recent Posts

Special Needs Trusts: Inheritance & Lifetime Gifting
Posted on 29 Jul 2010 by LexisNexis Estate and Elder Law Community Staff

Transfers to third-party Special Needs Trusts by way of inheritance or lifetime gifting are efficient ways to fund third-party Special Needs Trusts. This chapter of Fundamentals of Special Needs Trusts provides details of how parents, grandparents... Read More

Modifying Third-Party Trusts into a SNT
Posted on 7 Aug 2010 by LexisNexis Estate and Elder Law Community Staff

[a] Introduction As noted in § 1.05[1], most SNTs, especially first-party or self-settled SNTs are drafted as irrevocable trusts. Presumably this is to satisfy 42 U.S.C. § 1396p(d)(4)(A) that requires such self-settled trusts to be "established... Read More

New Bill Would Help Special Needs Children of Military Retirees
Posted on 29 May 2012 by karplaw

If it becomes law, a new bill introduced in the U.S. House of Representatives will provide greater financial security to special needs children of retired military personnel. House Bill 4329, The Disabled Military Child Protection Act, would allow military... Read More

The Taxation Of Special Needs Trusts
Posted on 1 Aug 2010 by Martindale.com

Special needs trusts (SNT's) are established to benefit disabled persons who may be eligible for government assistance programs. These trusts may be first party trusts funded with the disabled person's funds or third party trusts funded... Read More

When a First-Party SNT Obtains a Personal Injury Settlement - Developing a Financial Plan
Posted on 11 Apr 2011 by Bradley J. Frigon

When the beneficiary of a first-party special needs trust (SNT) receives a personal injury (PI) settlement or a damage award with a structured settlement annuity contract, a financial advisor must address many factors .... Read More

Special Needs Planning - It is more than drafting a Trust
Posted on 23 Aug 2010 by Andrew H. Hook, CELA, CFP®

This Article is a summary of the body of knowledge that a Special Needs Planner will utilize in developing a comprehensive plan for a person with a disability and his or her family. Special Needs Planning is more than drafting a Special Needs Trust... Read More

Court Can't Create a Special Needs Trust Where There Wasn't a Will
Posted on 7 Feb 2011 by Deirdre R. Wheatley-Liss

While courts have the power to interpret a person's intent in a Will to create a Special Needs Trust for a disabled beneficiary, even when the Will does not specifically create such trust, the courts can't create a Special Need Trust out of thin... Read More

Special Needs Trusts: What Happens When You Ignore Special Needs Planning
Posted on 22 Jun 2012 by Jeramie Fortenberry

Another example of the importance of special needs trusts. I was contacted about a client with an all-too-common issue. A lady died several years ago without a will. At the time of her death, she owned a home that had been severely damaged by Hurricane... Read More

Rebecca Morgan on Special Needs Trusts
Posted on 8 Aug 2010 by Rebecca C. Morgan

Special Needs Trusts can provide an enhanced quality of life to individuals with disabilities without impairing their public benefits. In this Analysis, Professor Rebecca Morgan, former President of NAELA, examines some special issues that can be encountered... Read More

Special Needs Trusts: Compiled Free Downloads
Posted on 10 Sep 2012 by LexisNexis Estate and Elder Law Center Staff

Information, downloads and advice about Special Needs Trusts are among the most popular items on the LexisNexis Estate Planning and Elder Law Community. To simplify your ability to find and use these important materials, we have gathered them into one... Read More

Bradley Frigon on Developing a Financial Plan for a First-Party SNT Receiving a Personal Injury Settlement
Posted on 11 Apr 2011 by Bradley J. Frigon

When the beneficiary of a first-party special needs trust (SNT) receives a personal injury (PI) settlement or a damage award with a structured settlement annuity contract, a financial advisor must address many factors in creating a financial plan. Factors... Read More

Florida's Qualifying Special Needs Trusts
Posted on 27 Nov 2012 by LexisNexis Estate and Elder Law Community Staff

By Mary Alice Jackson * In Florida, a "qualifying special needs trust" can be included for an ill spouse in the healthy spouse's Last Will. All funds transferred into that trust will be excluded from consideration for Medicaid long-term... Read More

What is a Pooled Trust, and When Should You Use One?
Posted on 21 Oct 2011 by Sandra L. Smith

A pooled trust is a trust established and administered by a non-profit organization. A separate account is established for each beneficiary of the trust, but for the purposes of investment and management of funds, the trust pools these accounts. For self... Read More

A Model Special Needs Trust
Posted on 7 Aug 2010 by LexisNexis Estate and Elder Law Community Staff

This model “Special Needs Trust” is a sample of a document used to shield assets that will be needed in the future for the care of an incapacitated elderly person or a disabled adult child. Because of the “SNT”, the assets will... Read More

Fundamentals of Special Needs Trusts - Inheritance & Lifetime Gifting; Redirecting Inheritance into a First-Party SNT
Posted on 19 Jul 2010 by LexisNexis Estate and Elder Law Community Staff

1-3 Fundamentals of Special Needs Trusts § 3.03 Inheritance & Lifetime Gifting Redirecting Inheritance into a First-Party SNT The SNT attorney may be faced with a situation where a decedent leaves a bequest to an individual with... Read More