Special Needs Trusts

Construing the Meaning of a Trust: Settlor’s Intent

If called upon to determine the meaning of a trust, or to resolve some ambiguity, Court look for the intent…

2 months ago

Sample Trust Language Appointing Trustee

The following sample language comes from a trust that was drafted years ago, however it remains useful in understanding issues…

2 months ago

Selecting the Trustee

One of the most important tasks when creating a trust is selecting the trustee. You can have the best trust…

2 months ago

Medicaid’s “any circumstance” test for trusts

Medicaid's "Any Circumstance" Test for Trusts In case you missed the memo, Medicaid doesn't like trusts. The rules relating to…

6 months ago

SNT Trustee Ordered to Reimburse Some Conservator Expenses

SNT Trustee Ordered to Reimburse Some Conservator Expenses In Weidner v. Stevenson (Cal. App. 2nd Dist. May 13, 2024), Roberta…

6 months ago

SNT Payback Provision Enforced

In Agency for Health Care Administration v. Spence (Fla. App. 3rd Dist May 22, 2024) the Court of Appeals reversed…

6 months ago

Claim that Trustee Breached Fiduciary Duty Backfires

When someone accepts the position of trustee, he (or she or it) must act for the benefit of the trust…

6 months ago

SSI Decisions finding no penalty where beneficiary over 65 funds a pooled trust sub-account

The federal Medicaid statute authorizes the use of individual self-settled special needs trusts for individuals under the age of 65.…

7 months ago

New Form Approving Special Needs Trust Accounting

Recently we received a document we haven't seen before which informs Medicaid recipients that their special needs trust accounting was…

7 months ago

Special Needs Alliance publishes new Disability Handbook

Recently the Special Needs Alliance published a new handbook for individuals with disabilities and their advocates. The SNA states: "The…

9 months ago