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

[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

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

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 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

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

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

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

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

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

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

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

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

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

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