Questions & Answers

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Question

Who Is Responsible If the Trustee Abandons His Duties?

My trustee claims that I insulted him in an email, which I did not. I believe he does not want to have to file income taxes on a special needs trust and used this as an excuse to bow out of his role as trustee. He informed me that he has taken all the files relating to the trust and sent them back to the trust's creator. I don't know if he did this or not because the trust's creator is my father (and also the trustee's father), and he is 92 and quite ill and was not well enough to talk on the phone.  What can I do? If the trust becomes delinquent in taxes or other matters, who is responsible for the financial loss?  I am really not capable of straightening this out myself.

VIEW ANSWER | TAGS: , Ask a Question, Special Needs Trusts
 

Question

Can I Leave One-Third of My House to a Special Needs Trust?

I have three children and one is an incapacitated adult child. I would like to prepare a will that leaves my house to the three children but puts one-third of the house in a special needs trust to benefit my child with disabilities. Is this even possible? I believe a house (and other assets) can be left to an irrevocable third-party special needs trust, but can the house be left to the trust as one-third owner with two other siblings? Thank you.

VIEW ANSWER | TAGS: Special Needs Trusts
 

Question

Will My Daughter Eventually Have to Apply for SSDI on Her Own?

My daughter is receiving Social Security Disability Insurance (SSDI) from her dad's SSDI because she gets more that way than on her own account.  But is there an age at which she will age out of his SSDI benefits and have to apply on her own?

 

VIEW ANSWER | TAGS: , SSI and SSDI
 

Question

Do Co-Guardians Have to Make Every Decision Together?

I live in Illinois and my question is about the legal guardianship of my adult son with disabilities. I am his guardian and my husband is co-guardian. We are divorcing. Does being co-guardians mean we both have to sign for everything? Also what happens if there is an emergency and I am the only one with our son (which is often the case)?

VIEW ANSWER | TAGS: Disability Issues
 

Question

Can a Child with Special Needs Draw Social Security on Both Parents' Work Records?

My son was disabled prior to age 18 and is now 39. He lives with us at home and draws Social Security benefits on his dad's work record. I will be 62 in June and have applied for early retirement. Will our son be able to draw from my work record as well? 

VIEW ANSWER | TAGS: , SSI and SSDI, Public Benefits, Ask a Question
 

Question

Is There a Limit on the Value of a Car That an SSI Beneficiary Can Buy?

I receive Supplemental Security Income (SSI) benefits. My car is 19 years old and not so reliable. I'm thinking of driving it to the junk yard and buying another one. How much, maximum, I can spend on it?

VIEW ANSWER | TAGS: SSI and SSDI, Public Benefits
 

Question

Will a Contribution to an SNT Qualify for the Gift Tax Exclusion?

Does a gift of $14,000 this year to a special needs trust (SNT) qualify for the annual gift tax exclusion? 

VIEW ANSWER | TAGS: Special Needs Trusts
 

Question

Will a Divorced Couple’s Separate SNTs for Their Children Cause Problems?

A divorced couple has separate special needs trusts (SNTs) for their two special needs adult children.  The father has one trust for each beneficiary and the mother also has one trust for each beneficiary. The father does not want the mother to contribute to the trusts he has set up. Will this cause legal problems?

VIEW ANSWER | TAGS: Special Needs Trusts