The Miami-Dade County Probate Court holds “ex parte” hours on Tuesdays and Thursdays for lawyers to meet with the four probate judges on uncontested matters. Prior to meeting with these judges, lawyers must have their petitions and orders reviewed by ex parte clerks. These clerks are trained to make sure that the pleadings presented [...]
Part Six: What is new in the Social Security Administration’s Approach to Special Needs Planning and Trusts?
Retroactive Amendment of Trust - Nunc Pro Tunc - Not Likely to be Accepted by SSA. In reviewing an existing special needs trust, the Social Security Administration may determine that the trust fails to comply with one or more SSA rules and regulations. This may occur, for example, where the trust permitted the payment of [...]
"Savings Clauses" are of No Help Under the POMS. In drafting a special needs trust, many practitioners include a "null and void" or "savings" clause in the document. These clauses operate to cure defects in a trust and preserve the remaining trust provisions. They prevent the trust from being determined to be invalid by removing [...]
Part One Establishing a Self-Settled Special Needs Trust Is Easier Said Than Done: A Two-Step Process Under the POMS, the resource counting provisions of Section 1613(e) do not apply to a trust: 1. Which contains the assets of a disabled individual under 65 years of age: 2. Which is established for the benefit of such individual [...]