Special Needs Planning

New Law Could Require Changes To Your Special Needs Trust Plan

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Special Needs Trust as Beneficiary of an IRA

The new law specifically allows retirement money that is paid to a Special Needs Trust for a disabled person to be paid out over the lifetime of the disabled person. Whereas, retirement money paid to most adults that is not disabled must be withdrawn over ten years. Accordingly, it may actually be MORE tax efficient now to name a Special Needs Trust as beneficiary of an IRA.

Medicaid

Termination Clause in Special Needs Trust

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Termination Clause in Special Needs Trust

The Social Security Administration has issued new rules, SI 01120.199, related to the early termination of Self Settled Special Needs Trusts created on or after January 1, 2000. Self Settled Special Needs Trusts, also known as First Party Special Needs Trusts established under Section 1917(d)(4)(A) of the Social Security Act. are designed to avoid being […]

Medicaid

What is a Self Settled Special Needs Trust?

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What is a Self Settled Special Needs Trust?

There are generally two types of private special needs trusts: Third Party Special Needs Trusts; and Self Settled Special Needs Trusts (also known as First Party Special Needs Trusts or D-4A Trusts). A person who is receiving (or about to receive) Medicaid and Supplemental Security Income (SSI) may wish to consider establishing a Special Needs […]

Estate Planning

Special Needs Planning in NJ – Part 4 of 4

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Trusts

Special Needs Trusts and Supplemental Needs Trusts In Part IV of this Series, I want to discuss the role of Special Needs Trusts and Supplemental Needs Trusts in estate planning. “Special Needs Trusts” and “Supplemental Needs Trusts” are terms to describe trusts designed to provide benefits to a person in a way that will preserve […]