Special Needs Trusts

Court Establishes That Special Needs Trust Is Set In Stone

In 2010, Claude Newsome, who was already legally blind due to macular degeneration, became a quadriplegic as a result of an automobile accident.  After a personal injury action was filed on his behalf, he received a settlement which netted nearly $4 million.  His attorney recommended that he establish a special needs trust with these funds.  […]

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Control Disqualifies Trust From Medicaid Protection

Last month, a New Hampshire Court set an irrevocable trust and declared the assets therein available resources which should have been spent on long term care prior to Medicaid eligibility by the individual who established the trust. Specifically, in the Petition of Estate of Thea Braiterman No. 2015-0395 (N.H. July 12, 2016), the New Hampshire […]

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Estate Planning for Children with Special Needs Part III

Choosing the Right Fiduciary Arguably, the single most important task for parents who are planning for the care of a child with special needs after their passing is to ensure that they pick the right trustee to manage the trust established on behalf of such child.  The temptation is to make a sentimental choice of […]

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Estate Planning for Children with Special Needs

Part One: For Parents Drew and Libby have two children, Becca and Corky.  Corky has Down’s Syndrome.  Although he is on the high end of moderate functioning, he won’t be able to handle more than a minimum-wage job.  Outside of being able to purchase small items at convenience stores, he has little understanding about financial […]

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