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THE USE OF TRUST PROTECTORS IN SPECIAL NEEDS TRUSTS FOR PERSONAL INJURY VICTIMS

Family members often want to be the trustee of their children’s special needs trusts established to hold litigation proceeds.  This almost inevitably ends in disaster, because the trustee must be familiar with SSI Rules, Medicaid Laws and Regulations, Tax Law, must have investment management expertise, must have only the interest of the disabled beneficiary at…

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Limitations on Special Needs Trusts

BACKGROUND Many clients who receive personal injury settlements are receiving important public benefits, such as SSI and Medicaid. SSI is an income stream that pays an individual monies intended to be used for food and shelter. For 2015, the maximum federal benefit rate is $733. In New Jersey, there is a state supplement of $31.25….

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SSI TRANSFERS & TRUSTS

If an SSI recipient or spouse of an SSI recipient disposes of resources for less than fair market value during a 36-month look back period,1 the individual is ineligible for benefits for a period of time.  The period is calculated by dividing the uncompensated value of the transfer by the amount of the maximum monthly…

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Traumatic Brain Injury Fund

            The Traumatic Brain Injury Trust Fund is different from the Traumatic Brain Injury Medicaid Waiver Program.  The Fund is administered by the New Jersey Department of Human Services, Division of Disability Services.  The Fund pays, as a last resort, for the cost of post-acute care, services, and supports to…

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