Tuesday, December 8th, 2009
Special Needs Trusts and Supplemental Needs Trusts: Autism, an Early Intervention
by Douglas L. Kaune, Esquire Pennsylvania Attorney 610-933-8069
Wills * Trusts * Probate * Elder Law * Estates * Estate Planning * Asset Protection Planning
Malvern, Phoenixville, and West Chester Law Offices Chester, Montgomery, Delaware, Philadelphia, Berks and Bucks County
We work frequently with clients who use Special Needs Trusts to protect their beneficiaries’ Social Security Disability (SSI) and Medicaid benefits. The Special Needs Trusts are either prepared to be funded during lifetime or through a Last WIll and Testament. The Special Needs Trust beneficiaries typically suffer from mental and physical disabilities or other issues. I have come to know how challenging the lives of those families can be and, in recognition of those challenges, I like to pass along information that might assist clients and friends with their daily living. Please read this recent U.S. News and World Report Blog Entry regarding the benefits of early intervention for children with Autism. We are all learning new and creative ways to assist individuals with special needs. I am hopeful that through estate planning and preparation of wills, trusts and other documents for clients we can do our part to enhance the family dynamic.
For questions on Special Needs Trusts and other estate planning or elder law issues, please give me a call at 610-933-8069 or email me at: dkaune@utbf.com.
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Posted in Asset Protection, Estate Planning, Estate Plans and Issues For Parents, Pennsylvania wills, Trusts, family legacy | 1 Comment »
Sunday, October 4th, 2009
by Douglas L. Kaune, Esquire
Estate Planning & Administration, Wills,
Trusts, Asset Protection, Elder Law
Unruh, Turner, Burke & Frees
Phoenixville, Malvern, West Chester PA
Pennsylvania Attorney
dkaune@utbf.com PH: 610-933-8069
A special needs trust (SNT) (or special needs trust provision in a Will or in another trust) is an important planning option if you are considering a significant gift to a beneficiary who is considered ”disabled” or “incapacitated” and either has or is likely to qualify for government benefits such as social security disability (SSI) or Medicaid. Generally, the SNT or Supplemental Needs Trust is intended to supplement the government benefits at the sole and absolute discretion of the named Trustee, but you can review this link for some more indepth discussion of the trust options.
The SNT frequently comes under attack by the government entity providing the benefit. It may be argued that the SNT should be expended for the care of the beneficiary and the government benefits be suspended until the Trust fund is exhausted. It is our job to make sure that your Special Needs Trust stands up to the scrutiny. One planning tip is naming multiple income beneficiaries, not just the “disabled” or “incapacitated” beneficiary. This allows us to argue that the trust is not just for the beneficiary receiving the SSI, Medicaid or other benefit, but is also for these additional income beneficiaries. Therefore, a complete expenditure of trust assets would be considered to “injure” the income beneficiaries and increases the likelihood that the SNT remains intact to supplement the needs of the intended beneficiary for his or her lifetime. This is just one of many strtegies we employ to increase the success of these trusts. We will be reviewing others in the weeks to come.
Please call or email me for further discussion on this and other estate planning topics.
Douglas L. Kaune
dkaune@utbf.com
610-513-2288
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Posted in Asset Protection, Elder Law, Estate Planning, Estate Plans and Issues For Parents, Pennsylvania wills, Trusts | 1 Comment »
