Special Needs Trust Information With Third Parties

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

Description

The Family Special Needs Trust is an irrevocable trust designed to provide additional support for a beneficiary with special needs without compromising their eligibility for government assistance programs, such as Supplemental Security Income (SSI) and Medicaid. Key features of the form include its provisions for the management and distribution of trust assets to cover expenses that public assistance does not typically provide, such as education, recreation, and medical equipment. Filling out the form involves clearly detailing the trust property, the grantor, and the trustee, along with specific articles governing the trust's operation. It's crucial to understand that the trust assets cannot be counted against the beneficiary for eligibility, and payments must be made considering public assistance limits. This document serves various legal professionals, such as attorneys and paralegals, ensuring accurate trust setup for clients looking to provide for a loved one with disabilities, thereby safeguarding both financial interests and compliance with relevant legal obligations. Additionally, understanding the potential for trustee discretion in fund distribution is vital for anyone involved in managing these trusts.
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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

How to fill out Trust Agreement - Family Special Needs?

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FAQ

While first-party special needs trusts and pooled trusts hold funds that belong to the person with special needs, third-party special needs trusts, as the name implies, are funded with assets that never belonged to the trust beneficiary, and they provide several advantages over the other two types of trusts.

Third-Party Special Needs Trusts are established using assets from someone other than the individual living with disabilities. Typically established by a loved one while living or through specific language in a living will specifically designating funds to be placed into a Third-Party Trust.

What is a Third Party Trust? A Third Party Trust (also known as a Common Law Trust) is funded by the beneficiary's family and/or friends, rather than the beneficiary themselves. It can be funded either during their lifetime and/or through an estate plan.

There are two types of special needs trusts, first-party and third-party. First-party means the disabled individual uses their own assets to fund the trust. Third-party means someone else establishes the trust with the disabled person as the beneficiary.

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Special Needs Trust Information With Third Parties