Questions & Answers

Our son receives Supplemental Security Income (SSI) due to a heart condition.  He is about to receive an inheritance and we would like to protect it with a special needs trust.  What is the best type of trust for him?

What is the best book to buy to help with the administration of a special needs trust?

Can a special needs trust have more than one trustee at a time?

My special needs trust refers to someone called a settlor but my friend's trust has a grantor.  Are these roles different?

What is a special needs trust?

I know that a special needs trust cannot pay for food or shelter for an SSI beneficiary without affecting her benefits.  But what about paying for food or shelter for an SSDI beneficiary?

With a special needs trust that requires Medicaid to be paid back following the beneficiary’s death, what is the statute of limitations for that repayment? If Medicaid has not asked to be paid back, when can the proceeds be distributed?

My daughter's first-party special needs trust was paying for several services that weren't covered by Medicaid.  I know that if my daughter dies, the state has the right to recover funds from my daughter's trust for Medicaid services that it provided.  If there are outstanding bills from other service providers when my daughter passes away, can I pay those bills before paying back the state?

I am currently receiving Social Security Disability Insurance (SSDI) and my mother, with the help of her attorney, has set up a special needs trust for me. Do I necessarily need a special needs trust and would an inheritance jeopardize my SSDI income?

Can the parent of a person with special needs, who is also that person's guardian, serve as the trustee of a special needs trust that will hold a settlement?

My son is the beneficiary of a special needs trust that was set up when she was young and received a settlement from a lead poisoning case.  He's 18 now and doesn't need the trust anymore.  How do I get rid of it?

I am going to fund my son's special needs trust with a life insurance policy.  How do I make it clear that he is not supposed to get anything else from my estate?

I'm my sister's Representative Payee.  Can I establish a trust for her benefit using the money I receive from the Social Security Administration without having to get court approval first?

Can a special needs trust pay for utilities?

Can you prepare a will and special needs trust online without a lawyer?

I live in one state but my son lives in a group home in neighboring state.  Where should I establish a special needs trust for his benefit?

Under the SSI, SSDI and Medicaid rules, is the guardian of a beneficiary with disabilities able to act as trustee of a third-party special needs trust?

Most parents of children with special needs are well versed when it comes to their child's government benefits. What many parents don't often think about is the effect that their own estate plan can have on their child's benefits.