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New Jersey Attorney General Speaks on Structured Settlements and Special Needs Trusts

Structured settlements have long been used in connection with special needs trusts for persons with disabilities who receive personal injury settlements.  There are less often used in cases involving matrimonial settlements and in cases involving inheritances. A structured settlement is essentially an annuity that pays an injured plaintiff over time, rather than in a single…

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Relationship Between Special Needs Trust and Federally-Subsidized Housing (Section 8)

Section 8 of the Housing Act of 1937 provides a rental assistance program for low-income families and individuals.  Persons with disabilities often qualify.  In fact, people receiving SSI receive only the federal benefit rate of $637 and, in some states, a small supplement, typically $25 – $50.  Section 8 Housing is the only housing they…

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Third Party Special Needs Trusts

A. INTRODUCTION In the course of protecting our client’s eligibility for important public benefits, which often make a huge difference in their quality of life, attorneys are called upon to draft and assist in administering various types of trusts.  We are also expected to counsel our clients as to whether a particular trust is appropriate. …

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Pooled Trusts – Statutory Requirements

A self-settled pooled trust is defined as a trust containing the assets of an individual who is disabled that meets the six conditions discussed in the following sections. Disabled The trust must be for the benefit of a person with disabilities. Disability is defined by the Social Security Act § 1382c(a)(3). A person receiving SSI…

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