Finding Answers Trust Administration

Naming a trustee for your loved one

This post was authored by attorney Jefferey Yussman, Esq. of Yussman Special Needs Law & Wyatt Estate Planning, Louisville, KY. Jeff focuses his practice on estate planning, special needs trust planning and administration, Medicaid planning, and qualified settlement funds. In the event that a family needs to appoint a trustee for a loved one’s finances, [...]

2024-04-16T12:08:05-04:00Tags: |

The Pitfalls of Paying Family Members to Provide Care

This article for The Voice® was written by Courtney L. Fletcher, Esq., of Springfield, Missouri. Courtney is an attorney in the Estate Planning Practice Group of Carnahan, Evans, Cantwell & Brown, P.C. and has been practicing law since 1995. Her practice area include special needs planning, estate planning and administration, probate, trust and elder law, guardianships/conservatorships and Veteran’s benefits. Courtney is a member of the Missouri Bar, past president of the Greene County Estate Planning Council, a member of the National Academy of Elder Law Attorneys, and a VA accredited attorney. She is a past director of the Missouri Chapter of the National Academy of Elder Law Attorneys and a past chairman of the Springfield Metropolitan Bar Association Probate & Trust Committee. She currently serves on the Elder Law Committee of the Missouri Bar and is also a member of the Estate, Trust and Elder Law Institute Planning Committee. Please visit her at www.cecb.com.

2024-04-16T12:07:36-04:00Tags: |

Customizable Visa Card Offers Flexibility to Beneficiaries

This installment of The Voice was written by Special Needs Alliance member Stephen W. Dale, Esq., founder of The Dale Law Firm, PC, in Pacheco, California. His practice focuses on estate planning, and he is an ardent advocate for disability rights. He is a frequent national speaker on a wide range of disability topics, and has received both the Powley Award and Theresa Foundation Award in recognition of his work on behalf of individuals with special needs. He is a board member with the Arc of California, a trustee with the Golden State Pooled Trust, and legal counsel for True Link Financial.

2024-04-16T12:07:14-04:00Tags: |

Customizable Visa Card Aids Financial Independence

This installment of The Voice was written by Special Needs Alliance member Stephen W. Dale, Esq., founder of The Dale Law Firm, PC, in Pacheco, California. His practice focuses on estate planning, and he is an ardent advocate for disability rights. He is a frequent national speaker on a wide range of disability topics, and has received both the Powley Award and Theresa Foundation Award in recognition of his work on behalf of individuals with special needs. He is a board member with the Arc of California, a trustee with the Golden State Pooled Trust, and legal counsel for True Link Financial.

2024-04-16T12:07:05-04:00Tags: |

Should a Special Needs Trust Pay for Medical Marijuana?

The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by Special Needs Alliance member Kyle Moore, Esq., who practices with the law firm of Weems, Schimpf, Haines, Shemwell & Moore, in Shreveport, Louisiana. He focuses on special needs planning, elder law and estate planning.

Requirements for Reprinting this Article: The below article may be reprinted only if it appears unmodified, including both the author description above the title and the "About this Newsletter" paragraph immediately following the article, accompanied by the following statement: "Reprinted with permission of the Special Needs Alliance - www.specialneedsalliance.org."

2024-04-16T12:06:25-04:00Tags: |

Considerations Selecting a Family Trustee

By Tara Anne Pleat, Esq. It is not uncommon for parents who are creating a supplemental needs trust (SNT) for a loved one with disabilities to assume that naming one of the child’s siblings as the trustee is a perfect solution. They often believe that someone who’s grown up alongside the beneficiary is best positioned [...]

Distributions from Special Needs Trusts: In Kind Distributions, Credit Cards, Gift Cards, or Debit Cards

You are the trustee of a special needs trust. Your beneficiary (Beth) lives in public housing, receives SSI (Supplemental Security Income) and MA (Medical Assistance), and has just asked you for a $200 gift card to Target so that she can buy headphones, clothes, toiletries, and some food. Remember, a special needs trust (SNT) is [...]

2024-04-16T12:06:32-04:00Tags: |

When A Family Member Serves As Trustee (Part II): The Devil Is In The Details

The Voice is the e-mail newsletter of The Special Needs Alliance. This installment's author is Edward V. Wilcenski, Esq., a founding partner of the law firm of Wilcenski & Pleat PLLC in Clifton Park, New York (www.wplawny.com). He practices in the areas of special needs planning, elder law and trust and estate planning and administration. A member and past president of the Special Needs Alliance, Ed writes and lectures frequently on issues affecting individuals with disabilities and their families.

2024-04-16T12:05:55-04:00Tags: |

Using Private Trustees to Administer Special Needs Trusts

The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by Special Needs Alliance members Gregory Wilcox of Berkeley, California, and Dennis M. Sandoval, CELA of Riverside, California. Greg's firm focuses on government benefits and estate planning for the elderly and for individuals with disabilities. He is a Certified Elder Law Attorney (CELA); co-author of Special Needs Trusts: Planning, Drafting, and Administration and of California Elder Law Resources, Benefits, and Planning; and a board member of California Advocates for Nursing Home Reform (CANHR) in San Francisco. Dennis M. Sandoval, PLC, in Riverside, California specializes in estate planning for families with special needs loved ones. He is a member of the Special Needs Alliance and the only attorney in California with certifications as a Certified Estate Planning, Trust and Probate Law Specialist, Certified Taxation Law Specialist and Certified Elder Law Attorney. He is also the Director of Education for the American Academy of Estate Planning Attorneys and a co-author of Special Needs Trusts: Planning, Drafting, and Administration.

2024-04-16T12:06:05-04:00Tags: |

When a Family Member Serves as Trustee – “Fair and Honest Is Not Enough”

The Voice is the e-mail newsletter of The Special Needs Alliance. This installment's author is Edward V. Wilcenski, Esq., a founding partner of the law firm of Wilcenski & Pleat PLLC in Clifton Park, New York. He practices in the areas of special needs planning, elder law, and trust and estate planning and administration. A member and past president of the Special Needs Alliance, Ed writes and lectures frequently on issues affecting individuals with disabilities and their families.

2024-04-16T12:05:27-04:00Tags: |

Special Needs Trusts and the Purchase of a Vehicle

This issue of The Voice was written by Special Needs Alliance member Patricia A. Nelson-Reade, Esq., an attorney with Nelson-Reade Law Office, P.C. of Portland, Maine. Her practice focuses on special needs planning, elder law and estate planning and administration. Patricia is also a registered nurse. She has been selected by her peers for inclusion in the Best Lawyers in America, been recognized as a "super lawyer" by the New England Super Lawyers publication for her work in elder law, and was named in the Inaugural Edition of the U.S. News Best Lawyers, Best Law Firms, again in the area of elder law. Patricia has continuously received the highest rating in ethics and has been classified as a preeminent lawyer under the Martindale-Hubbell peer review. She often lectures to the public and professionals on special needs planning and special needs trusts.

2024-04-16T12:05:39-04:00Tags: |

Private Disability Insurance

The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by Special Needs Alliance members Lisa Nachmias Davis, CELA of the New Haven, Connecticut law firm of Davis O'Sullivan & Priest, LLC, where her practice concentrates on elder law, planning for those with special needs, estate planning and administration, and advice to not-for-profit organizations. A member of the National Academy of Elder Law Attorneys (NAELA) and the Connecticut Bar Association's Elder Law Section executive Committee, in 2011 she was named one of the 25 best women lawyers in Connecticut and one of the top 50 women lawyers in New England by SuperLawyers, a Thompson Reuters business that rates attorneys.

2024-04-16T12:05:49-04:00Tags: |

The Pitfalls of Caregiver Employment: Paying, Withholding, and Reporting Requirements

The Voice is the email newsletter of The Special Needs Alliance. This installment was written by Peter J. Losavio, Jr., CELA, an attorney with Losavio & DeJean, LLC in Baton Rouge, Louisiana. Holding both a law degree and LLM in tax, Pete is certified as an elder law attorney by the National Elder Law Foundation and as a Tax Specialist and Estate Planning and Administration Specialist by the Louisiana Board. Pete is a charter member of the Life Care Planning Law Firms Association and a member of the Society of Louisiana CPAs. He limits his practice to asset protection, life care planning and estate and tax planning.

2024-04-22T16:23:40-04:00Tags: |

Moving a Special Needs Trust to a New State

You are reading The Voice, the e-mail newsletter of The Special Needs Alliance. This installment was written by Special Needs Alliance member Bridget O’Brien Swartz, CELA. Ms. Swartz is with the Law Office of Bridget O'Brien Swartz, PLLC, in Phoenix, Arizona. Her practice focuses on public benefits and special needs planning for individuals who are disabled. She is a member of the Special Needs Alliance's Board of Directors. Ms. Swartz is certified by the State Bar of Arizona as a specialist in Estate and Trust Law, and she is also certified by the National Elder Law Foundation as a Certified Elder Law Attorney.

2024-04-16T14:19:02-04:00Tags: |

What Can a Special Needs Trust Pay For?

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.

2024-04-16T14:16:58-04:00Tags: |

Non-Profit Organizations as Trustees 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.

2024-04-16T13:55:27-04:00Tags: |