Utah Living Trust with Provisions for Disability

State:
Multi-State
Control #:
US-0651BG
Format:
Word; 
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Description

A living trust is a trust established during a person's lifetime in which a person's assets and property are placed within the trust, usually for the purpose of estate planning. The trust then owns and manages the property held by the trust through a trustee for the benefit of named beneficiary, usually the creator of the trust (settlor). The settlor, trustee and beneficiary may all be the same person. In this way, a person may set up a trust with his or her own assets and maintain complete control and management of the assets by acting as his or her own trustee. Upon the death of the person who created the trust, the property of the trust does not go through probate proceedings, but rather passes according to provisions of the trust as set up by the creator of the trust.
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  • Preview Living Trust with Provisions for Disability
  • Preview Living Trust with Provisions for Disability
  • Preview Living Trust with Provisions for Disability
  • Preview Living Trust with Provisions for Disability
  • Preview Living Trust with Provisions for Disability
  • Preview Living Trust with Provisions for Disability

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FAQ

Lawyers often use hourly fee schedules, and the price associated with creating a living trust is generally at least $1,000. Again, more complex estates may pay even more than that. In particular, make sure you're using an estate planning lawyer that has a specialty in trusts.

Establishing a trust requires serious legal help, which is not cheap. A typical living trust can cost $2,000 or more, while a basic last will and testament can be drawn up for about $150 or so.

Unlike SSI, there are no income or asset limits for SSDI eligibility. Instead, to qualify for SSDI, enrollees must have a sufficient work history (generally, 40 quarters) and meet the strict federal disability rules. SSA uses the same rules to determine disability for both the SSI and the SSDI programs.

HOW DOES A TRUST AFFECT MY SSI BENEFITS? If you use your assets to establish a trust on or after January 1, 2000, generally, the trust will count as your resource for SSI. In the case of a revocable trust, the whole trust is your resource.

To make a living trust in Utah, you:Choose whether to make an individual or shared trust.Decide what property to include in the trust.Choose a successor trustee.Decide who will be the trust's beneficiariesthat is, who will get the trust property.Create the trust document.More items...

Trusts considered to be qualified disability trusts are entitled to the same personal exemption allowed to all individual taxpayers when filing a tax return. The personal exemption in 2012 is $3,800.

HOW DOES MONEY FROM A TRUST THAT IS NOT MY RESOURCE AFFECT MY SSI BENEFITS? Money paid directly to you from the trust reduces your SSI benefit. Money paid directly to someone to provide you with food or shelter reduces your SSI benefit but only up to a certain limit.

SSDI is not a needs-based benefit. If you are on that program for two years, you will also qualify for Medicare. Because SSDI is not needs-based, a special needs trust is not necessary to qualify for it.

The first $20 of income received each month is not counted. In addition, with respect to earned income, the first $65 each month is not counted, and one-half of the earnings over $65 in any given month is not counted.

The SSDI program does not limit the amount of cash, assets, or resources an applicant owns. An SSDI applicant can own two houses, five cars, and have $1,000,000 in the bank. And the SSDI program doesn't have a limit to the amount of unearned income someone can bring in; for instance, dividends from investments.

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Utah Living Trust with Provisions for Disability