Special Needs Trust Information With Social Security

State:
Multi-State
Control #:
US-00646
Format:
Word; 
Rich Text
Instant download

Description

The Family Special-Needs Trust Irrevocable Trust Agreement is designed to provide financial support for individuals with disabilities while ensuring they remain eligible for public assistance programs such as Supplemental Security Income (SSI) and Medicaid. This trust allows the Grantor to convey property to a Trustee, who manages the assets for the benefit of the Beneficiary, addressing their special needs without interfering with government benefits. Key features include irrevocability, provisions to prevent the trust assets from being deemed available for public assistance eligibility, and specific allowances for expenditures that enhance the Beneficiary's quality of life, such as special equipment and recreational activities. Users must fill out the form accurately, ensuring the Grantor and Trustee's details are correct, and adhere to state-specific laws governing the trust. The document includes instructions on the management of trust assets and how distributions can be made, emphasizing that any distribution must not disrupt the Beneficiary's eligibility for essential benefits. For legal professionals—including attorneys, partners, owners, associates, paralegals, and legal assistants—this trust serves as a crucial tool in estate planning, particularly for clients with dependents who have special needs, providing guidance on legal compliance and best practices for trust administration.
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  • Preview Trust Agreement - Family Special Needs
  • Preview Trust Agreement - Family Special Needs
  • Preview Trust Agreement - Family Special Needs
  • Preview Trust Agreement - Family Special Needs
  • Preview Trust Agreement - Family Special Needs
  • Preview Trust Agreement - Family Special Needs
  • Preview Trust Agreement - Family Special Needs
  • Preview Trust Agreement - Family Special Needs
  • Preview Trust Agreement - Family Special Needs

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FAQ

What Is a Beneficiary of Trust? A beneficiary of trust is the individual or group of individuals for whom a trust is created. The trust creator or grantor designates beneficiaries and a trustee, who has a fiduciary duty to manage trust assets in the best interests of beneficiaries as outlined in the trust agreement.

Disadvantages of Irrevocable Trusts Fairly Rigid terms: They are not very flexible. Once the terms are established, they can be difficult to change. The Three-Year Rule: If you include life insurance in an irrevocable trust and pass away within three years, the proceeds return to your estate and become taxable.

With an irrevocable trust, the transfer of assets is permanent. So once the trust is created and assets are transferred, they generally can't be taken out again. You can still act as the trustee but you'd be limited to withdrawing money only on an as-needed basis to cover necessary expenses.

The Deed is signed by the Trustees and Settlors, while an initial gift (usually $100) is required to make the Trust operative. The assets to be placed into the Trust are then transferred to the Trustee by 'selling' to the Trust at market value. The Trustee will usually sign an acknowledgment of debt to the Settlor.

The income beneficiary is the surviving spouse who wants you to make significant distributions to him or her and invest trust assets in his or her business. The remainder beneficiaries want less income to go the surviving spouse and do not want a risky investment to be made in the business of the income beneficiary.

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Special Needs Trust Information With Social Security