ABLE vs. SNT (Part 2)
Last week I was telling you about a call I received about the benefits of an Achieving a Better Life Experience (ABLE) account vs. a special needs trust (SNT). Joan called about her sister Mary, who is receiving an inheritance from their uncle’s estate. Mary is in
ABLE vs. SNT (Part 1)
I received a call from Joan. She told me that her sister Mary is named as an heir to part of their uncle’s estate. Mary is disabled and living in a group home. Joan was concerned that the inheritance Mary would receive of approximately $200,000 would jeopardize
A Special Needs Plan Gone Wrong (Part 2)
Last week I was telling you about Bob’s call. Dad’s will left everything to Bob and his brother Sam. According to Bob, they had conversations with his dad about setting up a special needs trust for their disabled sister, Sally and transferring her 1/3 share to that trust. When
A Special Needs Plan Gone Wrong
Bob called with the following story. Dad had passed away a year earlier. He had three children, Bob, Sam and Sally. Bob told me that Dad’s will left everything to Bob and Sam because Sally, who is severely disabled and receiving government benefits, would otherwise lose those benefits if
The ABLE Act – The Drawbacks
Last week I told you about the ABLE Act that was passed by Congress and signed by President Obama just before the Christmas holiday. It sounds great, allowing disabled individuals to set up savings accounts, similar to a 529 plan, without losing government benefits. But is it all its
New Jersey Supreme Court Recognizes the Value of Special Needs Planning
Sometimes as elder and disability attorneys we are criticized for helping our clients qualify for, or in some cases maintain, government needs based benefits. “Why should people be able to protect any of their assets and still qualify for government benefits”, they ask. “That’s not who the benefits are
New Regulations For Special Needs Trusts
I have written about special needs trusts in past posts on this blog. SNTs are a safe harbor for the assets of disabled individuals that allows them to receive government benefits and be able to use the trust assets to supplement those benefits, because we quickly find that what the