Why You Should Not Create a Special Needs Trust
JANUARY 16, 2012 VOLUME 19 NUMBER 3 Let’s say you have a child with “special needs,” or a sister, brother, mother or other family member. You have not created a special needs trust as part of your own estate plan. Why not? We know why not. We have heard pretty much all the explanations and […]
Can My Brother’s Special Needs Trust Pay His Property Taxes?
DECEMBER 6, 2010 VOLUME 17 NUMBER 37 A client’s question: My brother has a special needs trust, and I am the trustee. He lives in his condo and gets services from AHCCCS and ALTCS. Can the trust pay his property taxes? Interesting question. The answer isn’t as easy or straightforward as it ought to be. […]
How To Leave An IRA To A Child Who Has a Disability
SEPTEMBER 27, 2010 VOLUME 17 NUMBER 30 This is so confusing to clients, but it needn’t be. The rules are actually simpler than they seem. Stay with us, and we’ll walk you through it. OK, here’s the set-up: You have three children, one of whom (the youngest) has a disability. We’ve decided to name her […]
New Uniform Trust Code Does Not Permit Termination of Trust
MAY 24, 2004 VOLUME 11, NUMBER 47 Revocable living trusts have become immensely popular for estate planning in the past few decades. Once used primarily for commercial endeavors (like railroads, steel manufacturing and the like) and management of the assets of only the wealthiest families, trusts have in recent years become commonplace. As a result, […]
Undocumented Aliens Receive Limited Medicaid Benefits
SEPTEMBER 1, 2003 VOLUME 11, NUMBER 9 Changes in federal Medicaid rules adopted in 1996 made most immigrants—including even legal permanent residents—ineligible for health care benefits. For immigrants in the country legitimately eligibility for Medicaid services is not available until they have been legal permanent residents for five years. Undocumented aliens, on the other hand, […]