Estate and Elder Law Planning Using Lady Bird Deeds – Part 2 General Discussion

A Lady Bird Deed is a life estate deed which reserves the right in the life tenant to divest the remainderman of his or her interest by conveying title to a third party without joinder of the remainderman. A Lady Bird Deed can be created by the owner or by a third party by reservation [...]

By | July 17th, 2014|Lady Bird Deed|0 Comments

Estate and Elder Law Planning Using Lady Bird Deeds – Part 1

Lady Bird Deeds, also known as Enhanced Life Estate Deeds, have seen an increase in popularity in the last 20 years, primarily in the areas of estate planning and elder law. Along with the increase in the number of attorneys using Lady Bird Deeds, there has been an increase in the creativity of drafting techniques. [...]

By | June 14th, 2014|Lady Bird Deed|0 Comments

TEACHING SPECIAL NEEDS TRUSTS AT THE MIAMI-DADE COUNTY PROBATE COURT

  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 [...]

By | April 17th, 2014|Special Needs Trust|0 Comments

We’ve moved. Our Relocation Allows Better Service to the Miami-Dade Elder Community

The Elder Law Center of Mondschein and Mondschein, P.A., has relocated its main office to 10691 North Kendall Drive, Suite 205, Miami, Florida 33176. The telephone number of the firm remains the same at (305) 274-0955. This move strategically places the firm closer to most of its clients, by relocating to the center of Miami-Dade [...]

By | November 11th, 2013|Our Firm|0 Comments

Part Seven: What is new in the Social Security Administration’s Approach to Special Needs Trusts?

   Special Needs Trust Termination Provisions under the POMS. The Social Security Administration has always had rules regarding disbursement of funds from a self-settled special needs trust upon the death of a beneficiary.  They have recently added additional provisions regarding the early termination of a self-settled special needs trust during the lifetime of the beneficiary. [...]

By | June 2nd, 2013|Social Security|0 Comments

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 [...]

Part Five: What is new in the Social Security Administration’s Approach to Special Needs Trusts?

"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 Four: What is new in the Social Security Administration’s Approach to Special Needs Trusts?

Revisiting the "Sole Benefit Rule." Under Social Security Administration rules, a self-settled special needs trust must be established "for the sole benefit of" the individual.  A trust is considered established for the sole benefit of an individual if the trust benefits no one other than beneficiary at the time the trust is established or at [...]

By | May 14th, 2013|Social Security|0 Comments

Part Three: What’s new in the Social Security Administration’s Approach to Special Needs Trusts?

Third Party Vendor Payments on Behalf of the Disabled Individual. When a third party, such as a family member, makes a payment directly to a vendor who provided goods or services to the disabled individual, this is known as a third party vendor payment (TPVP). POMS SI 00835.360A. The vendor might be the seller of [...]

By | May 8th, 2013|Social Security|0 Comments

Part Two: What’s New in the Social Security Administration’s Approach to Special Needs Trusts?

Part Two Treatment of Disbursements from Trusts. Although trust principal may not be considered an available resource to the beneficiary, disbursements from the trust may be considered income to the SSI recipient (trust beneficiary), depending on the nature of the disbursements. The following rules apply to both self-settled and third party Special Needs Trusts. POMS SI [...]

By | February 4th, 2013|Social Security|0 Comments