Oakland, Calif. : Continuing Education of the Bar--California, 2008-
1 online resource : forms
9780762612956 (loose-leaf) 0762612959 (loose-leaf)
"[A] comprehensive manual for attorneys and trustees on planning, drafting, and administering special needs trusts. Planning for persons with disabilities has become increasingly important over the past decade. Because of medical advances, persons with disabilities are living longer lives, requiring a much more sophisticated approach to planning for their future financial and personal needs. Moreover, because of the relatively recent enactment of laws authorizing "safe-harbor" first party special needs trusts, individuals with disabilities may transfer windfall assets such as inheritances and litigation awards to a first party SNT and maintain eligibility for "needs-based" public benefits while preserving the windfall for any future needs. Because public benefits such as Supplemental Security Income and Medi-Cal are so important to individuals with disabilities, it is imperative to understand the Byzantine eligibility requirements of these programs when planning. It is also important for the practitioner to understand the issues involved in administering a special needs trust so as to not interfere with these public benefits. This book is designed to assist the special needs practitioner in addressing each of these issues."--Preface.
"ES-33740." Updates and compilation of chapters written by multiple authors who vary from iteration to iteration.
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
Introduction to planning for persons with disabilities Ethical considerations when planning for persons with disabilities Public benefits for persons with disabilities Family law issues in planning for persons with disabilities Estate planning for persons with disabilities Common provisions in third party special needs trusts Funding third party special needs trusts Planning using first party special needs trusts or alternatives Required provisions in (d)(4)(A) special needs trusts Suggested provisions in (d)(4)(A) special needs trusts Establishing (d)(4)(A) special needs trusts Pooled special needs trusts Special needs trusts taxation Special needs trust administration and appropriate distributions Specific special needs trust administration issues Special needs trust accounting Special needs trust termination App. A : Third party special needs trust App. B : Parent- or grandparent-established (d)(4)(A) SNT "seed trust" App. C: Court-established (d)(4)(A) special needs trust.
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