Special Needs Trust

25 May

Posted at 01:10h in Special Needs Planning, Special Needs Trust by
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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,...

14 May

Posted at 02:41h in Medicaid, Special Needs Planning, Special Needs Trust by
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"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...

04 Feb

Posted at 18:07h in Elder Law, Special Needs Planning, Special Needs Trust by
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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...