Join the 9 million people who found a smarter way to get Expert help

Recent Special Needs Trust questions

I need a template of a motion to replace the trustees of my

I need a template of a motion to replace the trustees of my special trust. I have a number of reasons for needing the court to assign a temporary trustee pending the outcome of my trial against them but need to file a motion requesting it. It's a Missouri trust but the torts that I'm suing them for were committed in Kansas so I'm going to court there. What laws can I quote regarding replacing the trustees due to serious breaches of fiduciary and assigning a temporary pending the outcome?

Read more

RayAnswers

Lawyer

Doctoral Degree

35,806 satisfied customers
My son has recently received an inheritance from his estate

Good afternoon, my son has recently received an inheritance from his estate of his grandparents. He is currently on medicaid and my question relates to how this money will be counted toward his income for this year?

Read more

Dwayne B.

Juris Doctor

35,734 satisfied customers
I have a question about original will versus trustee's copy

I have a question about original will versus trustee's copy of a will of which I am a part (Special Needs Trust).

Read more

Law Educator, Esq.

Attorney At Law

Doctoral Degree

107,984 satisfied customers
I have girl friend in Florida who is disabled and receiving

I have girl friend in Florida who is disabled and receiving ssdi/sdi(?) payments and is on medicaid. She has reached settlement with her divorced spouse who had not paid alimony in many years. She will start receiving non-taxable $2,200 in monthly alimony payments which might disqualify her from Medicaid and ssdi monthy payment of $730. Is it possible for her to set up a trust, perhaps an income trust, and use the money from the income trust to pay things such as groceries, property taxes, house insurance, car payments, car insurance, and perhaps other expenses? What pitfalls does she need to be aware of? What other type of trust could be used for this purpose (if at all)? What is the Medicaid income limit?

Read more

Barrister

Attorney/Landlord/Realtor

Doctoral Degree

47,104 satisfied customers
Once I get my settlement monies how best do I protect it

Once I get my settlement monies how best do I protect it from the state taking it. I live in a nursing home and the state pays my bill, the nursing home keeps my 2,000$ a month social security check and I get 30.00$ a month back. So since I am indigent, how best to stash the cash, can I gift it or something.

Read more

Dwayne B.

Juris Doctor

35,734 satisfied customers
I have medi-cal and my wife is on working disapability she

I have medi-cal and my wife is on working disapability she also has medi-cal, she is about to get a small inheritance, should we put this money in a irrevocable trust?

Read more

37,942 satisfied customers
Can someone put property into a irrevocable special needs

Can someone put property into a irrevocable special needs trust, then 10 years later when it is sold for a profit, claim they didn't mean to put it in the Trust and demand they get paid 1/2 of the proceeds, when they are not the Beneficiary and he is still alive needing the funds received for the property for support?

Read more

Barrister

Attorney/Landlord/Realtor

Doctoral Degree

47,104 satisfied customers
My husband will probably end up on disability and I'm

my husband will probably end up on disability and I'm worried about our property and how to keep it. I'm sure I won't be able to afford his health insurance once he's not working full time and I would hate to loose our small acreage and home if he were to end up on Medicaid. Any ideas.Shelley

Read more

Dwayne B.

Juris Doctor

35,734 satisfied customers
My mother is considering setting up a Wholly Discretionary

My mother is considering setting up a Wholly Discretionary Trust to place my inheritance into when she dies. The reason is so I will continue being eligible to receive Medicaid.However, my fondest hope is to work up my income to be able to go off Medicaid, and the inheritance income should get me close to doing so. My mother suggested having the inheritance transferred into the WDT, and then if after the dust settles I do indeed have the income to go off Medicaid, at that time request the trustee to early terminate the trust and give me all of the funds.Yet, this could cause me to have to repay all of my Medicaid benefits which I otherwise wouldn't have to do, if I'm understanding the topic correctly. Why? Only if you're over 55 or in a longterm care facility permanently (I'm 34 and live in an apartment) do you have to repay - UNLESS a trust with its additional rules is involved.In my research, I've seen that for such trusts to be valid they must contain a repayment clause, which states that the trustee will repay every dollar that Medicaid has paid out on my behalf, and THEN give me anything left over. However, if I just get the inheritance straight to me with no trust involved, then Medicaid can't ask for any repayment of the benefits I've received over the last 3 years I've been on it. Is this right?Second, according to http://www.aacolpa.com/blog/our-child-has-special-needs-do-we-need-a-wholly-discretionary-trust/, a repayment clause isn't necessary:"Specifically, a new special needs planning tool became available to Ohio residents back in 2008 with the decision in the case of Pack v. Osborn,*****3d 14, 2008-Ohio-90. In that case, the Ohio Supreme Court held that a trust that gave the trustee the sole discretion to make (or not make) distributions of income and principal for the beneficiary would be considered as an unavailable resource for purposes of determining Medicaid eligibility.This new “wholly discretionary trust” approach is a substantial improvement over the other Medicaid qualifying trusts created by Ohio law. The wholly discretionary trust need not have a “payback” provision (the other trusts have either a 50% payback or 100% payback requirement), and it does not have several of the qualifying conditions that the other trusts have."My Info:-I'm 34-Live in Ohio- I don't recieve SS disability or SSI, nor do I want to, so you don't need to consider how a WDT would impact that type of benefit.

Read more

RayAnswers

Lawyer

Doctoral Degree

35,806 satisfied customers
View more estate law questions
In The News