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Estate News --- Observations of a Trust and Probate Attorney

Tuesday, November 15, 2016

Basics of a Special Needs Trust

Ontario Special Needs Lawyer: Basics of a Special Needs Trust

For families with special needs individuals, ensuring the care for their loved ones once the caretakers are gone is of the utmost priority. The loss of specialized care and Medicaid or SSI benefits is a very real danger if proper special needs planning are not put in place, which is why Ontario special needs lawyers often share the benefits of special needs planning involving Special Needs Trusts.

What is a Special Needs Trust?

Since even a small amount of cash assets can disqualify special needs individuals from the care and assistance they need, it is important to not let these assets pass directly to them upon your passing. A Special Needs Trusts is the best way to ensure your special needs loved one keeps their care and assistance while also benefiting from the legacy you leave behind. Ontario special needs lawyers design these Trusts in such a way that the assets in it do not belong to your special needs beneficiary; instead, they are owned by the Trust and managed by a Trustee of your choosing who will direct the assets to be used for the benefit of your special needs loved one. Medicaid and SSI will ignore the assets in the Special Needs Trust as they are not directly owned by your special needs loved one.

How may the assets in a Special Needs Trust be spent?

Assets in a Special Needs Trust can be spent in a number of ways which benefit the special needs individual. These include education, recreation, vacations, home improvement, and certain out-of-pocket medical expenses. These expenses are considered “non-countable” by Medicaid and SSI since they do not count as the special needs individual’s personal assets. Ontario special needs attorneys caution that assets in a Special Needs Trust may not be given directly to the special needs individual, as this will oftentimes disqualify them from receiving state assistance.

What if I don’t have a Trustee or I’m not leaving behind a large sum of money?

In cases where a suitable Trustee cannot be chosen or a small or moderate sum of money is being left behind, Ontario special needs lawyers often direct their clients towards Pooled Trusts. Pooled Trusts are typically run by non-profits which manage the assets for special needs individuals. The non-profit will assign a Trustee who is responsible for managing the assets on behalf of the special needs individual; the benefit of such an arrangement is that the Trustee and the non-profit are both heavily involved in the special needs community and understand the care and compassion needed to look after your special needs loved one. While there are fees and different types of services attached to Pooled Trusts, they are often a good alternative to an individual Special Needs Trust in certain situations.

If you have any questions about how a Special Needs Trust can benefit you and your loved ones, please contact us at 989-985-5522 or bha@bristolhaynes.com to schedule a complimentary strategy session with mention of this article.


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Brock, Robinson & Associates assists clients with Estate Planning, Wills, Trusts, Special Needs Planning, Pet Trusts, Probate & Estate Administration, and Family Business Preservation in Chino, California as well as Chino Hills, Inland Empire, Pomona, Rancho Cucamonga, Ontario, Montclair, Diamond Bar, West Covina, Covina, Glendora, San Dimas, La Verne, Claremont Fontana, Riverside, Colton, Corona, San Bernardino, Redlands, Orange, Brea, Yorba Linda, Fullerton, Hacienda Heights, Eastvale, Norco, Mira Loma, Alta Loma, Upland, Rialto, Highland, Loma Linda and Grand Terrace in San Bernardino County, Los Angeles County and Orange County.



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