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Recent Special Needs Trust questions

Texas matter. I have a situation where a man dies intestate,

Texas matter. I have a situation where a man dies intestate, no spouse, no children, no parents. He has a full blooded sister and a half-blood brother. The deceased was a beneficiary under a "special needs trust." The trust distribution says Upon termination of the Trust, the Trustee shall distribute the corpus and any undistributed income of the trust to the Beneficiary's descendants, per stirpes, and if the Beneficiary has no descendants who are then living, to the Beneficiary's siblings, who are then surviving, if any. A court has determined heirship finding the whole blooded sister is entitled to 2/3 of the estate of the decedent and the half-blood brother entitled to 1/3. Since the trust property was not titled in the decedent's name, how is the trust property distributed? thank youJA: Since estate law varies from place to place, can you tell me what state this is in?Customer: texasJA: What documents or supporting evidence do you have?Customer: Judgment Determining Heirship and irrevocable trustJA: Anything else you want the lawyer to know before I connect you?Customer: no

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RayAnswers

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Trust brought in income via an ira trust has to gift 75000

Trust brought in income via an ira trust has to gift 75000 to a special needs trust and distribute the remainder to 2 beneficiaries. Who pays tax on the gift it is the final year of the trus?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

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My Aunt did a trust for her son, Alberici and I'm the

Hi, My Aunt did a trust for her son, John Alberici and I'm the trustee. He passed away recently and I wanted to know if the state has a right to take some of the money, as he was on medical for about 15 yrs?

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RayAnswers

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Doctoral Degree

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If a Ladybird deed transfers property into a Special Needs

If a Ladybird deed transfers property into a Special Needs Trust after death, what happens if the family needs to move and sells the property but does not buy another home and does not make a new deed to transfer into the trust?

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RayAnswers

Lawyer

Doctoral Degree

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My 31 year old son is now receiving SSDI (Not SSI) benefits.

Hi, My 31 year old son is now receiving SSDI (Not SSI) benefits. Social security has told me that inheritances (of assets, resources) will not affect his SSDI benefits. BUT, (1) worker's compensation, or (2) earned wages over $1170.-/ month, will stop this benefit.A "special needs trust" was created for him when he was a minor, and receiving disability SSI, both to avoid stoppage of government benefits if he receives an inheritance, and to have Trustee's help to manage his finances.(He being already an adult today), IF the only remaining purpose of the special needs trust is to avoid stoppage of SSDI government benefits, then in your opinion, would you think that this special needs trust will no longer serve this purpose, and thus the beneficiary of any of his parents assets ( resources, IRAs, insurances, etc). can be now assigned to his name, and not any more to his Special Needs Trust name.Thank you.

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RobertJDFL

Attorney

Juris Doctorate

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Is Revocable Trust money used solely for the individual's

Is Revocable Trust money used solely for the individual's healthcare? Or are debts and other bills to be paid through the Trust? And can the individual make purchases through the trust e.g.gifts for birthdays if OK'd by co-trustees, within reason. My father wants to buy a baby shower gift for his grandson (stroller), Is that reasonable and allowed?

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RayAnswers

Lawyer

Doctoral Degree

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My stepdad past away recently and he named me at the

My stepdad past away recently and he named me at the beneficiary of his special needs trust fund. However his estranged wife said the money belonged to her because she is still married to himJA: Estate laws vary by state. What state are you in?Customer: Delaware...JA: What documents or supporting evidence do you have?Customer: I have the Trust Agreement and Joinder Agreement from the Special Needs Trust listing me as the sole beneficiaryJA: Anything else you want the lawyer to know before I connect you?Customer: I was also his POA before he became deceased

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

53,282 satisfied customers
Iam on ssi and expect to inherate some money from my Aunts

Iam on ssi and expect to inherate some money from my Aunts estate, how will this efffect my ssi , need tips on how to not lose my ssi and keep my inhertanceJA: Estate laws vary by state. What state are you in?Customer: ncJA: What documents or supporting evidence do you have?Customer: letter from trust companyJA: Anything else you want the lawyer to know before I connect you?Customer: i am 61 and have been on ssi for long time many health problems

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

53,282 satisfied customers
I am the trustee for a special needs revocable trust. I'm

I am the trustee for a special needs revocable trust. I'm applying for the EIN, but do not know whether to select the QRT Code 645 selection. Please note: the trust includes a house that will be sold (capital gains?) as well as periodic distributions made to support the special needs recipient. But the first step is the EIN. Help is appreciated!JA: Estate laws vary by state. What state are you in?Customer: I am currently in Virginia; however moving to NY. The house/asset is in VAJA: What documents or supporting evidence do you have?Customer: I have the will; revocable trust (with special needs amendment) and previous trustee amendments of resignation/acceptance. Language in the trust allows for sale of the house.JA: Anything else you want the solicitor to know before I connect you?Customer: No, I think that's it!

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jb156200

Associate Attorney

Doctoral Degree

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