Administration of a Special Needs Trust
1. PRELIMINARY MATTERS Administration of a Special Needs Trust is complex. It is critical that distributions be made in such a manner that the beneficiary maintains public benefits. The trustee must be aware of the rules pertaining to each public benefit program to which the beneficiary is entitled or may become entitled. These benefits are…
When do I Need a Self-Settled Special Needs Trust?
In the settlement of litigation, the plaintiff is often receiving public benefits. The question then arises as to whether a special needs trust is required. There are certain types of public benefits that are means-tested. Others are not. Generally, means-tested public benefits require that the individual have assets of less than $2,000 and have certain…
When is a Self-Settled Special Needs Trust Inappropriate?
Self-Settled Special Needs Trusts are often use when a person with disabilities receives a personal injury settlement, an inheritance, equitable distribution, alimony or child support. However, in many instances a Self-Settled Special Needs Trust is not appropriate. A disability lawyer must make an analysis on the onset to make this determination. Some of the reasons…
Biological Father Entitled to Half of Assets in Deceased Daughter’s Special Needs Trust
Jennifer Rogiers was born on September 30, 1983, severely handicapped as a result of a cervical cord injury doctors inflicted upon her at birth. Her mother, Rosa Rogiers, filed a malpractice claim and recovered $2.6 million, which was placed in a special needs trust for Jennifer’s benefit. On September 2, 2005, Jennifer died intestate and…
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