Special Needs Trusts

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…

1 month 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…

2 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…

2 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…

2 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.…

2 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…

3 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…

4 months ago

Sometimes You Must Say No

Sometimes you just have to say No "No" isn't a four-letter word. Saying "no" isn't necessarily bad and you shouldn't…

10 months ago

IRS says “Wait a Minute” on Stepping-up Basis for Assets in Irrevocable Trust

Until recently, the IRS has said little (if anything) regarding whether assets the beneficiary of an irrevocable trust receives get…

1 year ago

Approving Settlements for Minors

In April, 2022, we reported that HB 620 altered how settlements for minors can be approved under O.C.G.A. ยง 29-3-3,…

1 year ago