Understanding the Role of a Professional Special Needs Trust Trustee
A critical decision for families establishing a Special Needs Trust is the choice of trustee. Many opt for a professional trustee to manage these trusts.
Special Needs Trusts and Trust Protectors
This issue of The Voice® was written by SNA member Johanna Pickel, of Johanna A. Pickel LLC located in Albuquerque, New Mexico. Her firm focuses on compassionate and thoughtful planning for every stage of life – wills, trusts, special needs trusts, Medicaid and VA compliant trusts, probate and trust administration.
How to Assess What’s Important to Families with Individuals with Special Needs in a New City
Of all the life changes we experience, moving to a new city can undoubtedly be one of the most stressful and challenging situations. For families with a loved one with special needs, moving can add additional hardship, so it’s critical to plan in advance and be proactive in focusing on making the transition as [...]
Special Needs Beneficiaries Can Be Explicitly Included in Estate Planning
This article for The Voice® was written by Mark B. Heffner, CELA, a graduate of Harvard College and Boston College Law School. He is the principal of Heffner & Associates, a firm with offices in Warwick and Barrington, Rhode Island, focusing since 1992 on elder law, special needs planning, and estate planning. Mark is a Certified Elder Law Attorney, and became a member of the Special Needs Alliance in 2004. He can be found at www.hefflaw.com
Special Needs Estate Planning for Families with Special Needs: Top 10 Action Steps
Kristen M. Lewis, Esq. is a co-founder of The Bowden Law Firm in Atlanta, Georgia, where she focuses on Special Needs Estate Planning. She is a proud member of the Special Needs Alliance and an ACTEC Fellow.
Considerations Selecting a Family Trustee
By Tara Anne Pleat, Esq. It is not uncommon for parents who are creating a supplemental needs trust (SNT) for a loved one with disabilities to assume that naming one of the child’s siblings as the trustee is a perfect solution. They often believe that someone who’s grown up alongside the beneficiary is best positioned [...]
When Should a Special Needs Trust Be Updated?
By Daniel Surprenant, CELA Special needs trusts (SNTs) are financial instruments designed to enhance quality of life for individuals with disabilities by supplementing the government benefits available to them. Assets held in SNTs aren’t counted when determining an individual’s eligibility for means-tested public programs such as Medicaid and Supplemental Security Income (SSI). Since personal circumstances [...]
The “Special Needs Trust Fairness Act” is Finally Law: Individuals with Disabilities Can Now Establish Their Own Trusts
The Voice is the e-mail newsletter of The Special Needs Alliance. This installment of The Voice was written by Special Needs Alliance member Morris Klein, CELA, who practices law in Bethesda, Maryland. Morris has been recognized as a Certified Elder Law Attorney by the National Elder Law Foundation, and focuses on elder law and special needs planning. He currently serves on the SNA Board of Directors, and is a former member of the Board of Directors of the First Maryland Disability Trust.
Special Needs Trusts and Federal Student Aid
By Christopher W. Smith, Esq. When a special needs trust (SNT) is being set up, families are typically most concerned about government benefit programs like Medicaid and Social Security. But how might an SNT impact an individual's ability to receive federal financial aid for college? The answer is surprisingly gray. Let's first state the obvious. [...]
Strategies for Funding a Special Needs Trust
By James McCarten, Esq. With all the daily responsibilities that parents juggle when one of their children has a disability (and, therefore, special needs), it's tough to find time to plan for the future. But that's what it takes when a loved one has a disability that may affect his/her ability to be self-supporting. It [...]
Trust Advisory Committees Can Guide Trustee Decisions
By B. Bailey Liipfert, III, CELA Acting as trustee for a special needs trust (SNT) is a demanding responsibility, and one person or bank trust department may not possess all the knowledge and skills needed for the job. Families sometimes create a trust advisory committee to guide professional trustees who don't know the beneficiary well, [...]
Child Support for an Adult Child with Disabilities
The Voice is the email newsletter of The Special Needs Alliance. This installment was written by Special Needs Alliance member Craig C. Reaves, CELA of Reaves Law Firm, PC. in Kansas City, Missouri. Holding the CELA (Certified Elder Law Attorney) designation from the National Elder Law Foundation, he is a Past President and Fellow of the National Academy of Elder Law Attorneys and a Fellow of the American College of Trust & Estate Counsel (ACTEC). He is listed in Best Lawyers in America and has been designated as a Missouri Super Lawyer. Mr. Reaves is an adjunct professor of elder law at the law schools of the University of Kansas and the University of Missouri-Kansas City. He practices law in Kansas and Missouri with major emphasis in the areas of estate planning, elder law, special needs trusts, and planning for persons who have a disability.
Letter of Intent
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 and her co-author, Sheryl Frishman. Amy and Sheryl are attorneys with the New York law firm Littman Krooks LLP, specializing in special needs planning, trust administration, guardianships, elder law, and estate planning and administration. Amy is an active participant of the Special Needs Alliance publications committee and is a member of the New York State Bar Association. Sheryl's practice is devoted entirely to the advocacy and life planning needs of children and adults with disabilities and their families. She is immediate past President of the Board of Directors of Westchester Arc. Sheryl also serves on the Board of Governors and Legal Committee of NYSARC Inc.
Updating Your Special Needs Trust – Begin with a Self Review
The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by Pacheco, California, Special Needs Alliance member Stephen W. Dale, Esq. of The Dale Law Firm, PC. Steve 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. Steve regularly teaches courses to the public, financial professionals, and other attorneys on special needs trusts and trust administration. Additionally, he serves as the trustee for the Golden State Pooled Trust. Steve offers numerous videos and handouts to the public and his colleagues at www.achievingindependence.com.
What Are You Waiting For?
This week's installment comes from Special Needs Alliance co-founder Robert B. Fleming, CELA, an attorney at Fleming & Curti, PLC, in Tucson, Arizona. Robert is a long-time advocate for those with disabilities and their families. He and his firm help with estate planning, guardianship, and trust administration (including special needs trust administration). Robert is also an author and a frequent lecturer on special needs issues.
The Other Special Need: Planning for Those with Severe Mental Illness
The Voice is the e-mail newsletter of the Special Needs Alliance. This installment was written by Special Needs Alliance member Shawn Majette, Esq. of Richmond, Virginia. Mr. Majette was recently named to Virginia Lawyers Media 2010 class of Leaders in the Law. This program, now in its fifth year, aims to honor the lawyers who are setting the standard for other lawyers. Mr. Majette has been recognized by Best Lawyers in America in Elder Law since 2007. He is also an active member of NAELA and was recently the focus of the organization's magazine cover story, The Magician of Elder Law. Mr. Majette's many articles can be found on the t-mlaw.com website. Involuntary Civil Commitment is one of the most recent posted online.
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.
Planning for Multiple Generations
The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by Special Needs Alliance member Gregory S. French, CELA of Cincinnati, Ohio, a Certified Elder Law Attorney who has, among other honors, been named as an Ohio SuperLawyer for each of the past five years. Mr. French also serves on the Executive Committee of the National Academy of Elder Law Attorneys. For 32 years he has helped families to maximize the independence and quality of life of older and disabled persons, to obtain and pay for health and long-term care in ways that preserve family resources, and to plan for disability or death through wills, trusts, powers of attorney, and health care directives.
Planning Your Estate: When a “Simple Will” Won’t Suffice
You are reading The Voice, the e-mail newsletter of The Special Needs Alliance. This installment was written by Special Needs Alliance member Hyman Darling, Esq. of Springfield, Massachusetts. Mr. Darling is a shareholder in the law firm of Bacon & Wilson, P.C.His practice is primarily focused on estate planning, particularly planning for families including a member with a disability. Mr. Darling also lectures and writes on estate planning topics extensively, and is very active in his local community. He is certified by the National Elder Law Foundation as a Certified Elder Law Attorney.
Fixing a Flawed Special Needs Estate Plan
You are reading The Voice, a newsletter published by The Special Needs Alliance. Our purpose is to provide information--and answers--about special needs planning for family members and professionals. We hope this newsletter helps you. We would love to hear your questions, suggestions and comments; please feel free to e-mail us. We also encourage you to forward our newsletter to others who might benefit from the information here, or who might have similar questions.