Social Security’s 2020 COLA Increase
Each year the U.S. Social Security Administration calculates an adjustment in the cost of living (COLA). The 2020 COLA increase has now been set at 1.6%. That means that, starting January 1, 2020, a number of changes will cascade through the benefit structure. How will the 2020 COLA increase affect you, or your family member? […]
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 […]
New Social Security Rules Ease Trust Eligibility Process
How can you meet Social Security rules on asset and income eligibility? If you have resources, you might be able to transfer them to a special needs trust. The idea has been around for quite a while. Still, a lot of questions have lingered over details of the eligibility rules. A recent release of new […]
Special Needs Trust Can Receive Child Support Payments
VOLUME 24 NUMBER 19 A divorced couple has a child with a disability, and one spouse is paying child support to the other. But what happens when the child turns 18? Does anyone still pay child support? If so, to whom? And what effect does any child support have on the (now adult) child’s eligibility […]
When You Might Want to Open an ABLE Act Account
SEPTEMBER 13, 2016 VOLUME 23 NUMBER 34 Now that ABLE Act programs have been set up in several states, you might wonder if it’s time for you to set up an account for yourself or a family member with a disability. How can you figure out whether ABLE is right for you? We’ll try to […]
ABLE Act Update: Arizona Residents Could Have Access Next Month
DECEMBER 21, 2015 VOLUME 22 NUMBER 47 We’ve written before about the Achieving a Better Life Experience (ABLE) Act and the possibility that Arizona might get its own version adopted in the next legislative session. Now comes a pleasant surprise from Washington: Arizonans with disabilities won’t have to wait for our legislature to act. Last […]
Income Taxation of the Third-Party Special Needs Trust
MARCH 23, 2015 VOLUME 22 NUMBER 12 Last week we wrote about how to handle income tax returns for self-settled special needs trusts. Our simple message: such trusts will always be “grantor trusts”, an income tax term that means they do not pay a separate tax or even file a separate return. This week we’re […]
Income Taxation of the Self-Settled Special Needs Trust
MARCH 16, 2015 VOLUME 22 NUMBER 11 This time of year, we are often asked about income tax issues — especially when a trust is involved. It may take us several newsletters, but let’s see if we can’t demystify the income taxation of trusts. We will start with the type of trust we most often […]
Special Needs Trust Defective Because Arbitrary Rules Not Followed
JULY 22, 2013 VOLUME 20 NUMBER 27 We often find ourselves reassuring clients that the law makes sense. It may not be obvious or intuitive, but we can usually explain why some legal principle developed the way it did, and why it would be a bad thing if it were otherwise — even if that […]
Can a Special Needs Trust Pay Credit Card Bills? Security Deposit?
JANUARY 21, 2013 VOLUME 20 NUMBER 3 Administering a “special needs” trust can be a challenge. The rules often seem vague, and they occasionally shift. What may seem like a simple question might actually involve layers of complexity. Sometimes an expenditure might be permissible under the rules of, say, the Social Security Administration, but not […]