FUNDING SPECIAL NEEDS TRUSTS
by Thomas D. Begley, Jr., CELA Overview Estate planning attorneys are regularly called upon to draft trusts for their clients’ children with disabilities. Typically, these children are determined to be disabled by the Social Security Administration and are receiving SSI, Medicaid, or other means-tested public benefits. The goal of the parent in establishing the trust…
ESTATE PLANNING FOR DIGITAL ASSETS
by Thomas D. Begley, Jr., CELA The Uniform Law Commission has proposed an Act titled “Revised Uniform Fiduciary Access as to Digital Assets Act” (Revised 2015). The Act has been adopted in 20 states.[1] The Act was introduced in 2016 in 12 additional states.[2] Under the Act, a fiduciary is defined as a person appointed…
NON-TAX REASONS FOR ESTATE PLANNING
by Thomas D. Begley, Jr., CELA In calendar year 2000, the exemption from federal estate tax was $675,000. Clients who owned a home, had a retirement plan, and even modest other assets, had to consider this tax. Beginning in 2002, the exemption gradually increased from $1,000,000 to the current level of $5,490,000. Only two-tenths of…
DIVORCE AND PUBLIC BENEFITS
by Thomas D. Begley, Jr., CELA Many divorces involve families in which a spouse or child has disabilities. Family law attorneys should always ask if this is the situation. In many instances, the individuals with disabilities are receiving public benefits and many other that may be eligible for benefits but are not aware of their…