Special Needs Trusts

Why Siblings Shouldn’t Be SNT Trustees

By Stephen W. Dale, Esq. It may be counter-intuitive, but when considering trustees for your child's special needs trust (SNT), naming a sibling - or another family member - is not a good idea. Having them on the front line for day-to-day activities could be a disservice to everyone involved. A more successful model, instead, [...]

2021-07-20T16:07:54-04:00

Transition Planning Should Start Early

By Ann McGee Green, Esq. Transition planning, which readies a young person with disabilities for adulthood, should ideally begin at the age of 14 or 15. At that time, the teen, parents, and educators should discuss the skills that will be needed to support "life after school." Will college be an option? Is employment likely? [...]

2024-05-07T14:35:14-04:00

Buying a House for a Special Needs Beneficiary: Proceed with Care!

The Voice is the email newsletter of The Special Needs Alliance. This installment was written by Special Needs Alliance member Martha C. Brown, CELA, at the St. Louis, Missouri law firm of Martha C. Brown & Associates, LLC. She limits her practice to elder law and special needs law. A Fellow of the National Academy of Elder Law Attorneys and a Certified Elder Law Attorney, Martha has been designated a Super Lawyer in Kansas City Magazine for the last five years. Through her continuing legal education presentations and community presentations, Martha helps attorneys and the public understand and address legal issues concerning the elderly and people with disabilities.

2024-04-22T16:30:36-04:00Tags: |

The Impact of Special Needs Trusts on Eligibility for Subsidized Housing

The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by Massachusetts Special Needs Alliance member Emily S. Starr, CELA, an attorney with Starr Vander Linden LLC with offices in Worcester & Fitchburg, Massachusetts. Her practice focuses on estate planning, elder law, and government benefits issues for families which include individuals with special needs. Emily is a Fellow of the National Academy of Elder Law Attorneys, the 2007 recipient of The Theresa Award, a national honor recognizing extraordinary contributions of attorneys to the community of individuals with disabilities, and a recipient of the 2008 Scholar Mentor Award from Massachusetts Continuing Legal Education, Inc.

2024-04-22T16:22:39-04:00Tags: |

The Past, Present and Future of Community Living for Persons with Disabilities – A Christmas Carol

The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by Walnut Creek, California Special Needs Alliance member Stephen W. Dale, Esq. of The Dale Law Firm, PC. Mr. Dale is a disability rights advocate and attorney dedicated to providing quality estate planning. He is a frequent speaker on a variety of disability related topics across the country. Mr. Dale regularly teaches courses to the public, financial professionals, and other attorneys on special needs trusts and trust administration. Additionally, Mr. Dale serves as the trustee for the Golden State Pooled Trust. Mr. Dale offers numerous videos and handouts to the public and his colleagues, many online through his Achieving Independence initiative.

2024-04-29T10:33:58-04:00Tags: |

Dear Grandma and Grandpa…

The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by Special Needs Alliance member Edward V. Wilcenski, Esq., a founding partner of the law firm of Jones, Wilcenski & Pleat, PLLC in Clifton Park, New York. He practices in the areas of Special Needs Planning, Elder Law, and Trust and Estate Planning and Administration. Ed is a past President of the Special Needs Alliance, and writes and lectures frequently on issues affecting individuals with disabilities and their families

2024-04-22T16:11:55-04:00

Planning Options With Retirement Benefits

The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by Special Needs Alliance member Ken W. Shulman, Esq., a partner in the Boston, Massachusetts office of Day Pitney LLP. His practice includes estate planning and related issues for families who have children with disabilities, and elder law. He presently serves on the board of the Asperger's Association of New England and on the Combined Jewish Philanthropies Committee on Disabilities. He previously served on the board of the Massachusetts Chapter of the National Academy of Elder Law Attorneys. He is a co-author of Special Needs Trust Administration Manual, A Guide for Trustees, available through DisABILITIESBOOKS.

2024-04-22T16:06:47-04:00Tags: |

Crummey Doesn’t Mean Lousy

The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by H. Amos Goodall, Jr., CELA of the State College, Pennsylvania law firm Goodall & Yurchak, P.C. His practice emphasizes estate planning and implementation for elders, persons with special needs and their families. A member of the Special Needs Alliance and of the National Academy of Elder Law Attorneys, Amos is also a Fellow of the American College of Trust and Estate Counsel

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2024-04-22T16:04:22-04:00Tags: |

Your Special Needs Trust Explained

The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by Special Needs Alliance member, Amy C. O`Hara, CELA. Amy is an attorney with Littman Krooks LLP with offices in New York City, White Plains, NY and Fishkill, NY. Most of her work involves helping people with special needs planning (trusts, guardianships and government entitlements), estate planning and administration (wills and trusts), elder law issues (Medicaid and Medicare, Veterans' Benefits, guardianships).

2024-04-22T16:03:05-04:00

Life Insurance and Children With a Disability

The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by Special Needs Alliance member Hyman Darling, Esq., a partner in the Springfield, MA firm of Bacon Wilson, P.C. (https://www.baconwilson.com/) where he concentrates in estate planning, elder law, probate, special needs and guardianships / conservatorships. Before joining Bacon Wilson, he was a trust officer for several years. He is a frequent speaker for civic and charitable organizations. Please visit Mr. Darling's online profile for a complete list of his qualifications and accomplishments.

2024-04-22T15:55:03-04:00

Taxes and Special Needs Trusts

The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by Lisa Nachmias Davis, CELA and Shawn L. O'Sullivan, who practice law in New Haven Connecticut as two-thirds of the firm Davis O'Sullivan & Priest LLC. Lisa is a member of the National Academy of Elder Law Attorneys. Shawn has handled trust accounting and tax returns for over twenty-five years. Lisa is a member of the Special Needs Alliance, a national organization committed to helping individuals with disabilities, their families, and the professionals who represent them.

2024-04-22T15:46:26-04:00Tags: |

Estate Planning for People with Disabilities

The Voice is the e-mail newsletter of The Special Needs Alliance. This issue was written by Special Needs Alliance member Jason Frank, CELA, the founding partner in the law firm of Frank, Frank & Scherr, LLC, of Lutherville, Maryland. Mr. Frank's practice addresses the legal consequences of common age-related disabilities. Locate a Special Needs Alliance member in your state by visiting the Alliance's website.

2024-06-19T10:30:17-04:00Tags: |

Medicare Premium Rules Will Affect Some Large Trusts

The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by Nancy Gibson, Esq., a Montana elder law and disability law attorney. Her Missoula-based practice spans the state of Montana. She is a member and past director of The Special Needs Alliance, an invitation-only organization of attorneys specializing in special needs and settlement planning. She is actively involved with the National Academy of Elder Law Attorneys (NAELA), an organization dedicated to improving the lives of the elderly and persons with special needs. She currently is serving a second two-year term on the NAELA board of directors. Ms. Gibson limits her practice to elder and disability law, including estate planning and administration, but the majority of her cases involve special needs trusts and/or settlement planning.

2024-04-22T15:43:34-04:00Tags: |

The Secret of When Less Is More

The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by Special Needs Alliance member Peter J. Losavio, Jr., CELA, an attorney with Losavio & DeJean, LLC in New Orleans and Baton Rouge, Louisiana. He is certified as an elder law attorney by the National Elder Law Foundation. He is a Louisiana Board Certified Estate Planning and Administration Specialist, and a Louisiana Board Certified Tax Specialist. Mr. Losavio is a charter member of the Life Care Planning Law Firms Association, and he is a member of the Society of Louisiana CPAs. Mr. Losavio obtained a Juris Doctorate degree from Louisiana State University and a Master of Law in Taxation from the University of Florida. Mr. Losavio's practice is limited to asset protection, life care planning and estate and tax planning.

2024-04-16T14:52:43-04:00

Top Ten Tips When Planning For Special Needs

The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by Special Needs Alliance members Richard E. Davis, CELA and Jennifer L. Lile, CELA, both of whom focus their practices on estate planning, special needs planning and elder law. Rick is a Certified Specialist in Estate Planning, a Certified Elder Law Attorney, a Fellow of the American College of Trust & Estate Counsel, has been listed in Best Lawyers in America each year since 2003, has been designated as an Ohio Super Lawyer, and is included on the Top 100 Attorneys List for the state of Ohio. Jennifer and Rick are both frequent speakers on the topic of special needs planning, and they have co-authored numerous articles on that topic.

2024-04-16T14:51:38-04:00

What Property May a Person Receiving SSI Own?

The Voice is the e-mail newsletter of The Special Needs Alliance. The author of this installment, John S. Kitchen, Esq., has written articles published by the National College of Probate Judges and the Research Institute of America (RIA), and has drafted special needs trusts legislation enacted into law in New Hampshire. John has given presentations concerning special needs trusts at national conferences of the National Guardianship Association, ARC, National PLAN Alliance and Special Needs Alliance, as well as at the National Press Club in Washington, D.C. in a program sponsored by the National Disability Institute. John has a family member with disabilities, and he is a member of the Special Needs Alliance.

Letter of Intent

The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by Special Needs Alliance member Larry Rocamora of Durham, North Carolina. Mr. Rocamora is a partner in the Durham law firm of McPherson Rocamora & Nicholson, PLLC, where his practice is focused on special needs planning and general estate planning. Mr. Rocamora is a Fellow of the American College of Trust and Estate Counsel, and he has been selected as a Super Lawyer for each of the past four years.

2024-04-16T14:48:19-04:00Tags: |

Special Needs Trusts and “Qualified Disability Trusts”

The Voice is the e-mail newsletter of The Special Needs Alliance. This issue is devoted to a timely topic: taxes. Alliance member Ron M. Landsman, Esq. of Rockville, Maryland, addresses some common questions about taxation of special needs trusts.

Mr. Landsman is co-author (with fellow Alliance member Robert B. Fleming of Tucson, Arizona) of a short but detailed analysis of the federal income tax provision that classifies some (but not all) special needs trusts as "Qualified Disability Trusts" (or QDisTs). Their article is available on the Special Needs Alliance's website, along with other informative articles by Alliance members. In fact, members of the Special Needs Alliance are frequent contributors to the leading journals and publications on special needs issues; another detailed tax article (this one by Alliance member Dennis Sandoval of Riverside, California) recently appeared in the NAELA News, a quarterly publication of the National Academy of Elder Law Attorneys. Mr. Sandoval's article is also available on the Alliance's website.

2024-04-16T14:45:28-04:00Tags: |

Generational Planning: When the Caregiver Needs Help

The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by Special Needs Alliance member Richard Sayre, of Spokane, Washington. Mr. Sayre is a Certified Elder Law Attorney by the National Elder Law Foundation, and his practice emphasizes planning for disability for both elders and individuals with special needs. He is an Adjunct Professor of Law at Gonzaga University School of Law, and has served as a Trustee on the Elder Law Section of the Washington State Bar Association, and on the Washington State Professional Guardian Certification Board, as well as other professional organizations working to improve quality of life and protection for those with special needs.