Special Needs Trusts

A good special needs plan involves many key players, including a guardian, a health care proxy, an executor, a trustee and possibly a trust protector.  It’s a good idea to review these selections on a regular basis, because change is inevitable.

The choice of trustee is one of the most important decisions you'll make regarding your special needs trust. Here are five questions to keep in mind when considering who will serve in this crucial role.

Many parents have their retirement savings socked away in 401(k)s and IRAs.  There are ways for beneficiaries to avoid paying taxes on the funds prematurely, but when a beneficiary has special needs, things get thorny.

California attorney Michael Avenatti has been charged with stealing from the settlements of clients, among them a paraplegic who was waiting for Avenatti to deposit his settlement funds into a special needs trust (SNT).

Members of the extended family and friends can also make gifts to a special needs trust once it has been set up.

Major changes to the “kiddie tax” could significantly increase the tax liability of assets placed in special needs trusts if the trust’s beneficiary is a minor and the income the trust earns is high enough.

What portion of a lawsuit award or settlement can go to the state to reimburse Medicaid? The new congressional budget deal finally clarifies the situation.

A special needs trust has been likened to a "parent's pocket" -- that is, it pays for the kinds of things that a parent would just reach into his or her pocket to cover.

The New York Times Magazine’s weekly The Ethicist column recently explored a difficult question that may challenge many parents of adult children with special needs.