Who Gets Special Needs Trust Balance on Death of the Beneficiary?
A special needs trust, of course, is for the primary benefit of the individual with a disability. But what happens on the death of the beneficiary? The trust might spell out its “remainder” beneficiaries — the ones who receive the balance on the death of the disabled beneficiary. But sometimes the trust just says that […]
Special Needs Trust Terminated When Beneficiary Moved
What happens to a special needs trust when the beneficiary moves to a new state? Will the trust continue, or transfer to the control of the new state? One special needs trust beneficiary in Colorado discovered the Centennial State’s odd rule: a special needs trust is terminated when the beneficiary moves. Parker Wilson’s story Young […]
Medicaid Reimbursement Claim Must Be Filed in Time
If a person over age 55 receives long-term care from Medicaid the state may make a claim against their estate. The Medicaid reimbursement claim may seem like a pointless thing. After all, in order to qualify for Medicaid benefits the patient must be impoverished. So why would they have a probate estate anyway? A Medicaid […]
Medicaid Planning Technique Didn’t Work Exactly as Intended
When a family member faces the high cost of long-term care, it may seem important to do whatever it takes to preserve their resources. Sometimes, though, a given Medicaid planning technique may cause problems. That can be true even if the approach is legal — and sometimes even if it is effective. Take Missouri resident […]
October Round Up: Covid, Care Homes & Taxes
It’s the last Monday of the month. That means we’re a bit closer to closing out 2020 and also that it’s time for the October Round Up of developments in elder law. Covid-19 and Care Homes The pandemic has hit nursing homes particularly hard. AARP this month launched a “Nursing Home COVID-19 Dashboard,” which tracks […]
CARES Act Payment Doesn’t Affect Benefits or Taxes
This week we heard from a client about his brother’s CARES Act payment: “My brother Dave, who receives SSI and is on AHCCCS, just got his CARES Act check for $1200. Actually, I got it, since I am his representative payee. I am very worried that he might lose his long-term medical care benefits under […]
Explaining Self-Settled Special Needs Trusts
New clients frequently come to us after they have been told that they need to “get” or “set up” a special needs trust. They often don’t realize that there are different kinds of special needs trusts. Sometimes a self-settled special needs trust is the right answer. In some cases the right approach is a third-party […]
Unreachable Joint Account Makes Applicant Ineligible for Medicaid
NOVEMBER 14, 2016 VOLUME 23 NUMBER 43 Paul (that’s not his real name) needed long-term care. His health and his mental capability had both declined, and he could no longer handle his personal affairs nor take care of himself. Paul’s assets included a car (titled in his and his daughter’s names) and three Bank of […]
“Decanting” of Trust for Medicaid Patient Challenged
JANUARY 11, 2016 VOLUME 23 NUMBER 2 Jane Murray (not her real name) died in 2003. She had created a number of trusts, including two for the benefit of her daughter Dana. Jane was very worried about Dana’s future, partly because of a long history of drug and alcohol abuse. She included some strong language […]
Good News: The IRS Simplifies Its Proposed ABLE Act Rules
NOVEMBER 23, 2015 VOLUME 22 NUMBER 43 The Achieving a Better Life Experience (ABLE) Act initially looked like it would provide important opportunities to people with disabilities. Although much work was left to the Internal Revenue Service, the Social Security Administration and individual states, advocates hoped that it might open up a simple choice for […]
