This post was authored by Robert F. Brogan, CELA, president of the Brogan Law Group, with offices in Brick and Manchester, New Jersey. He focuses on special needs planning, elder law and asset protection. He is a member of the SNA Board of Directors. It’s time to think about taxes, which can be complicated for families [...]
This post was co-authored by John S. Kitchen, Esq., and Janet Lowder, CELA. John has law offices in Auburn and Laconia, New Hampshire. His practice areas include special needs trusts (SNTs), powers of attorney, wills and revocable trusts for individuals who have a family member or friend with disabilities. Janet’s firm is headquartered in Cleveland, with several other offices throughout the state. She focuses on estate planning for the elderly and for individuals with special needs and is recognized for her knowledge of Medicaid.
This edition of the Voice was written by SNA member, Robert B. Fleming, CELA. Robert is a partner in the Tucson, Arizona law firm of Fleming & Curti, PLC. He is a long-time member of the Special Needs Alliance and frequently speaks on special needs issues to lawyers and family members all over the country. You can subscribe to his newsletter and podcast at www.elder-law.com.
By James McCarten, Esq. As a 2017 holiday present to taxpayers, Congress passed tax legislation that your representatives, senators and many tax professionals have described as the most significant overhaul of our tax laws since 1986, when President Ronald Reagan's tax bill was passed. What follows is an overview of those provisions of what was [...]
The “ABLE” account is a relatively new planning tool that offers an individual with disabilities a tax-free savings option (similar to a 529 College Savings Plan) that does not interfere with the individual’s eligibility for means-tested government benefits, such as Supplemental Security Income (SSI) and Medicaid. Special needs trusts (SNTs) are well-established savings tools that [...]
The Voice is the e-mail newsletter of The Special Needs Alliance. This installment of The Voice was written by Special Needs Alliance member Tara Anne Pleat, Esq.. Tara is a founding partner of the law firm of Wilcenski & Pleat PLLC in Clifton Park, New York. She practices in the areas of Special Needs Planning, Elder Law, and Trust and Estate Planning and Administration. Tara writes and lectures frequently on issues affecting individuals with disabilities and their families.
Watch Out for the Details By Andrew H. Hook, CELA Retirement accounts are often among a family’s largest assets, so you may have thought about leaving a portion to your son or daughter with disabilities. But if they will ever need means-tested benefits, your good intentions could disqualify them for important programs such as Medicaid [...]
This installment of the Voice was written by Robert B. Fleming, CELA. Robert is a partner in Fleming & Curti, PLC, a Tucson law firm focusing on special needs planning, trust administration, guardianship/conservatorship and estate planning. He is a Fellow of the American College of Trust and Estate Counsel, and also of the National Academy of Elder Law Attorneys. He has been a member of the Special Needs Alliance since its founding, and was one of the original co-authors of the SNA's Handbook for Trustees, the free online guide to managing special needs trusts.
This issue of the Voice was written by Robert B. Fleming, CELA, a founding member of the Special Needs Alliance and a partner in the Tucson, Arizona, law firm of Fleming & Curti, PLC. Mr. Fleming represents family members who are guardians, conservators or trustees; he also frequently acts as trustee of special needs trusts. He travels and speaks extensively on taxation and trust administration issues. His website is at https://elder-law.com/.
By H. Amos Goodall, Jr., CELA Caring for a loved one with special needs can run into millions of dollars over the course of their lifetime, so the last thing families need is to pay unnecessary taxes. I'd estimate that before beginning to work with a special needs attorney, 30 percent of my clients had [...]
By Bradley J. Frigon, CELA As tax-paying season approaches, there are a number of tax obligations and deduction opportunities that families with special needs should bear in mind. It's important to realize that the investment income generated by funds deposited in a special needs trust (SNT) are taxable, yet the details differ, depending upon the [...]
The Special Needs Alliance asked Jeremy Babener to summarize a presentation on tax issues in personal injury cases that he made at the Society of Settlement Planners Annual Meeting in Las Vegas on May 6. Babener is a tax attorney at Lane Powell PC and regularly advises on tax issues relating to lawsuits, structured settlements [...]
By Richard L. Sayre, Esq., Spokane, WA It's time to begin organizing your tax documents, an exercise that can be particularly confusing when a family member has special needs. Here are some suggestions to bear in mind. Exemptions and Deductions When a loved one has special needs, the cost of health care is usually a [...]
The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by Special Needs Alliance members Barbara Hughes, Esq. of Madison, Wisconsin and Tara Anne Pleat, Esq. of Clifton Park, New York. Barbara is a partner in the law firm of Hill, Glowacki, Jaeger & Hughes, LLP, where her practice is focused on special needs planning, elder law, and general estate planning and administration. A Fellow and past board member of the National Academy of Elder Law Attorneys (NAELA), in recent years she has consistently been recognized as one of the city's best attorneys in Madison Magazine and selected as a Wisconsin estate planning and probate Super Lawyer in Law and Politics Magazine, ranking since 2009 as one of Wisconsin's 25 top women attorneys. Tara is a founding partner of the law firm of Wilcenski & Pleat PLLC in Clifton Park, New York. She practices in the areas of Special Needs Planning, Elder Law, and Trust and Estate Planning and Administration. Tara writes and lectures frequently on issues affecting individuals with disabilities and their families.
The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by Lisa Nachmias Davis, CELA and Shawn L. O'Sullivan, who practice law in New Haven Connecticut as two-thirds of the firm Davis O'Sullivan & Priest LLC. Lisa is a member of the National Academy of Elder Law Attorneys. Shawn has handled trust accounting and tax returns for over twenty-five years. Lisa is a member of the Special Needs Alliance, a national organization committed to helping individuals with disabilities, their families, and the professionals who represent them.
The Voice is the e-mail newsletter of The Special Needs Alliance. This issue is devoted to a timely topic: taxes. Alliance member Ron M. Landsman, Esq. of Rockville, Maryland, addresses some common questions about taxation of special needs trusts.
Mr. Landsman is co-author (with fellow Alliance member Robert B. Fleming of Tucson, Arizona) of a short but detailed analysis of the federal income tax provision that classifies some (but not all) special needs trusts as "Qualified Disability Trusts" (or QDisTs). Their article is available on the Special Needs Alliance's website, along with other informative articles by Alliance members. In fact, members of the Special Needs Alliance are frequent contributors to the leading journals and publications on special needs issues; another detailed tax article (this one by Alliance member Dennis Sandoval of Riverside, California) recently appeared in the NAELA News, a quarterly publication of the National Academy of Elder Law Attorneys. Mr. Sandoval's article is also available on the Alliance's website.
You are reading The Voice, the e-mail newsletter of The Special Needs Alliance. This installment was written by Special Needs Alliance member Robert B. Fleming, CELA, of Tucson, Arizona. Mr. Fleming is a partner in the law firm of Fleming & Curti, PLC. In addition to his membership in the Special Needs Alliance, Mr. Fleming is a Fellow of the American College of Trust and Estate Counsel and of the National Academy of Elder Law Attorneys. He writes and lectures widely on special needs and elder law issues, including taxation of special needs trusts.
You are reading The Voice, a newsletter published by The Special Needs Alliance. Our purpose is to provide information--and answers--about special needs planning for family members and professionals. We hope this newsletter helps you. We would love to hear your questions, suggestions and comments; please feel free to e-mail us. We also encourage you to forward our newsletter to others who might benefit from the information here, or who might have similar questions.