Can A Disabled Person With Assets
Now Set Up Their Own Special Needs Trust?
If you work with disabled clients or set up Special Needs Trusts for them, you need to know how the new “Special Needs Trust Fairness Act”, effective December 13, 2016, impacts your planning.
In the past, someone with special needs had great difficulty getting or continuing to receive SSI/Medicaid benefits if he or she had or received assets (including by way of gift, inheritance, spousal or child support, or as a litigation award).
Now, there is a great, new opportunity to utilize a “First Party” Special Needs Trust (SNT) - - if you know how to do it right.
Join us and SNT expert and founder of The Academy of Special Needs Planners, nationally renowned attorney Kevin Urbatsch, J.D., California State Bar Certified Specialist in Estate Planning, Trust & Probate Law, for a very timely, 60-minute presentation entitled, “The Special Needs Fairness Act: How Does It Impact Planning?”.
On this call you will learn the answers to:
- What are the 8 factors you need to consider before you do First Party SNT planning?
- Does “Spend Down” or giving away of assets still make sense?
- How does a PASS (Plan for Achieving Self Support) fit into your planning?
- How does POMS affect this planning?
- Is an ABLE account a viable alternative?
- What about an UTMA account?
- Can an inheritance be modified, after the testator’s/trustor’s death, so the disabled beneficiary can get or continue SSI/Medicaid benefits?
- Can a disabled person now have a First Party (d)(4)(A) SNT established without going to court (where such petitions are often denied)?
- Or is it better for the disabled person to join a (d)(4)(C) Pooled Trust?
- And much more, including hypothetical planning situations illustrating how the New Law works!