Articles
5 Must-Do’s to Protect Special Needs Children
Lawyers Giving Back looks at a side of lawyers you don’t hear too much about—the side that gives back…pays it forward..and shares the love. We’ve found quite a number of attorneys who log non-billable hours helping others—simply because they believe it’s the right thing to do. Their stories are inspiring, and hey, who knew lawyers were so…good? If you’ve got a story to share about an attorney who’s doing the right thing, let us know—we’d love to let others know, too... Read More
Lawyers Weekly: Pooled Special Needs Trusts
The Third-Party Pooled Trust: an alternative planning tool to help avoid the biggest mistakes in special needs planning Michele P. Fuller Individuals seek professional guidance to protect their assets, children, spouse, partner or other family members after they are gone... Read More
Nomination of Trustee
After deciding a special needs trust is appropriate, one of the most difficult choices parents make is the nomination of the trustee. Often a family member, especially a parent, will want to serve in that capacity. They have choices depending on the amount going into the trust, from trust department of banks to legal counsel, non-profit corporations, professional fiduciaries and family or friends... Read More
Special Needs Trusts: The Basics Every Lawyer Should Know
Just when you think your work is done, the case resolved, they drag you back in. Something in the back of your mind tells you your client may have to do a trust or something to protect their benefits. Attorneys do not need to become special needs planner in addition to what they already do, but they do need to know some simple basics regarding the effect their client’s settlement may have on their eligibility for governmental benefits... Read More
The New MSA Reporting Requirement And The Probate Practictioner
Many probate practitioners advise and support litigation firms and obtain probate court approval of pre-suit settlements. There is a new CMS (Center for Medicare and Medicaid Services) reporting requirement, Section 111 of the Medicare, Medicaid & SCHIP Extension Act (MMSEA), 42 USCS §1395(y)(b)(8), effective July 1, 2009 that we need to be prepared to advise litigation firms and the court when serving as Guardian Ad Litem... Read More
What a Special Needs Trust Pays For
Part of a continuing series regarding what can be paid for from a special needs trust.The most common question a special needs trust client has is, “What can the trust pay for?” Policies regarding distributions change frequently and differ state to state. What is allowable in one jurisdiction may cause a disruption of benefits in another. In general, a special needs trust is extremely flexible as to what it can and will provide... Read More