Will Too Much Trustee Discretion Invalidate a Special Needs Trust?
Here’s a recent client case I addressed involving a supplemental needs trust. A disabled daughter had been receiving SSI and Medicaid for about 10 …
When There is a Child with Disabilities, Special Planning Must Be Factored into the Divorce Agreement… or Else!
Careful planning and consideration must go into divorce and custody agreements to protect a special needs child and maximize access to important services and …
Understanding the Maze of What is and What is Not Allowed to Be Done With an SNT (Special Needs Trust)
Understanding how to benefit from and establish a Special Needs Trust (SNT) can be complicated and confusing. The rules governing their creation and administration and …
Pay All Bills Before the Death of a Special Needs Trust Beneficiary
Video: Should You Pay Bills Prior to the Death of a Special Needs Trust Beneficiary? Sadly, the beneficiary of a Special Needs Trust …
You Can Raise Your ABLE Account Contribution an Additional $1,000 Starting January 1 2022
Effective January 1, 2022, the Federal Government has increased the total limit on the annual contributions people with disabilities (or their families) can make …
If You Qualify for SSI, You Also Qualify for NJ FamilyCare
Once you qualify for Supplemental Security Income (SSI), you are then eligible for NJ FamilyCare Medicaid. However, there are some rules to keep in …
Special Needs Trust, IRAs, and Child Support; How They Can All Work Together
IRA and a Special Needs Trust An individual retirement account or Inherited IRA can be owned by a person with a disability and also …
Taxation of Special Needs Trust Made Simple(er)
This article discusses basic tax principles of a Special Needs Trust; hereafter referred to at times as a SNT. Each Type of Special Needs …
Learn the Basics of NJ’s ABLE Act as an Alternative to a Special Needs Trust
Introduction The Achieving a Better Life Experience (ABLE) Act enables independence and self-reliance for persons with disabilities. The Act allows the creation of an …
Can a Special Needs Trust Make Distributions for a Beneficiary’s Pet?
State and federal law generally requires that all payments from a trust exclusively benefit the disabled person. Disbursements made from a Special Needs Trust …
Social Security Appeals During COVID-19
In order for someone with a disability to receive services from the Division of Developmental Disabilities, they have to be eligible for Medicaid. The …
Accessing Special Needs Trust Funds for Respite Care
Special Needs Trusts are a kind of trust designed to preserve assets for a person with a disability, while making it possible for them …
If You Get SSI or Social Security, You Still Get a Stimulus Check
The Social Security Administration recently provided guidance on Economic Impact payment. If your family member receives SSI, and receives a stimulus payment, the Social …
Support Person Permitted to Accompany a Person with a Disability Who Needs be Hospitalized
On April 25, 2020, the Commissioner of the Department of Health issued a very important memorandum to New Jersey Hospitals. It is important because …
Supplemental Security Income and Stimulus Payments
The Social Security Administration has announced that all individuals who receive Supplemental Security Income (“SSI”) will receive an Economic Impact Payment from the Treasury …
A SNT Can Now Fund an ABLE Account
An ABLE account with a balance of $100,000 or less does not affect a disabled person’s eligibility for SSI. In NJ, Medicaid eligibility remains …
A Big Breakthrough for Trustees of a Special Needs Trust with the Addition of Administrator-Managed Prepaid Cards
Overview of Administrator-Managed Prepaid Cards Historically, SNT trustees were limited to how methods of payment could be made for SNT disbursements without violating SSA …
Will I Lose My Section 8 Housing or Medicaid If I Create a Special Needs Trust?
Many people qualify for section 8 housing financial assistance and Medicaid Creation of a special needs trust will preserve these public benefits without a …
SNT’s Can Now Pay Third-Party Travel Expenses to Enable Individuals to Accompany a Trust Beneficiary
SSA’s prior policy regarding SNT payment of travel expenses to enable third parties to accompany the beneficiary was extremely restrictive. Although an SNT trustee …
Do You Know the New Rule Governing Allowance of Payments of Companion Services and Caregiving Expenses for SNT Beneficiaries?
The Social Security Administration (SSA) has long had issues with Special Needs Trusts (SNTs) that include provisions for paying for companion care services and …
Dealing with Income Under New Federal Rules Governing Special Needs Trusts
For decades, a Special Needs Trust (SNT) has been the primary planning tool to protect persons with disabilities. Funds held in an SNT are …
Do You Know About the Changes in Federal Law Governing Special Needs Trusts (SNT)?
For decades, a Special Needs Trust (SNT) has been the primary planning tool to protect persons with disabilities. Funds held in an SNT are …
Can Construction Permit Fees Relating to Handicapped Improvements Be Waived by a Municipality?
Handicapped persons have certain protections under the Americans with Disabilities Act and other laws unavailable to the non-disabled One protection is an exemption from …
There’s Been a Big Change to Special Needs Trust Law: Learn About it Here
Back in the 1990’s, Congress passed a law that contained major changes to the federal Medicaid laws. Included in the law was a provision …
New Jersey Medicaid Not Repaid From Third Party Trust
Recently, I met with new clients who are grandparents to many grandchildren, one of which is special needs. I was asked if Medicaid will …
Oh No, I’m Getting Money; Now What Do I Do?
I get quite a few calls from attorneys who have settled cases or obtained judgments in favor of their clients to compensate them for …
Funding a Special Needs Trust in New Jersey
By Fredrick P. Niemann, Esq. a New Jersey Special Needs Trust Attorney If you are contemplating the creation of a Special Needs Trust, it …
Advising Trustees of Special Needs Trusts (SNT) on What They Can and Cannot Spend Trust Funds For
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Special Needs Trust Attorney Special Needs Trusts for disabled and handicapped …
SSA Clarifies Its Position on Court Established (d)(4)(A) Trusts
By Fredrick P. Niemann, A New Jersey Special Needs Trust Attorney After much criticism, the SSA has issued an Administrative Message clarifying its policy …
DO NOT PAY SOME TYPES OF EXPENSES WHEN ADMINISTERING A SPECIAL NEEDS TRUST IN NEW JERSEY
By Fredrick P. Niemann, Esq. a New Jersey Special Needs Trust Attorney Check the distribution standard in the trust If the beneficiary of your …
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