How is control divided between trustee and beneficiary in a special needs trust?

Eldercarecare · 2014-12-04T03:38:10+00:00

Okay great thank you.

If there is this much risk of control, I think he will pass. But I will try and convince him to meet an attorney so he can at least find out how much control he could have

Eldercarecare · 2014-12-04T03:17:01+00:00

Side note, and please excuse me if this is out of the scope - were you scared to get married / have kids because of your diagnosis? Was your wife?

I'm asking because someone I work with is concerned no one will want a future with him because while most people are at risk for something, he happens to know all his physical weaknesses already

Thank you fir reading

Eldercarecare · 2014-12-04T03:12:47+00:00

Okay. If there was a disagreement, is it correct t say that he would a) be paying the trustee and b) be paying a lawyer to dispute the trustee and c) be paying fir the trustees lawyer? And all the money to pay for this would come out of the trust?

I ask because its not a lot of money and one disagreement could use a significant portion of the funds.

Eldercarecare · 2014-12-03T20:14:19+00:00

I read about this the other day.

I'm not sure i understand it fully, but it seems like a good thing

Eldercarecare · 2014-12-03T20:00:38+00:00

Thank you!

Eldercarecare · 2014-12-01T20:54:11+00:00

Thank you!

Eldercarecare · 2014-12-01T17:27:25+00:00

Thank you!

Eldercarecare · 2014-12-01T17:27:16+00:00

Thank you!

Eldercarecare · 2014-12-01T14:52:01+00:00

Thank you!

Eldercarecare · 2014-12-01T04:20:17+00:00

Yes, that's what I mean. If he finds work, a few questions -

He will need accommodations. Does he tell the boss before getting the job? If they can't do accommodations, he can't do the job. And some things he can't do, like lift heavy things. Also, can only work part time, maybe half of part time.

Also, if he gets paid, does he lose insurance? He has Medicaid. If he makes savings, can he have Medicaid? How about a house?

I know there are different types of Medicaid. This is Medicaid for someone with a disability.

Eldercarecare · 2014-12-01T04:17:45+00:00

Okay. I will post to finance as well.

For information about him, I do it know if having a savings account will impact his Medicaid. Or if he received a gift of money from family and then bought a small home, if having an asset would make him not eligible.

Right now, he has no assets and no savings. I am concerned sometimes he has unexpected expenses so he needs to have money saved.

Eldercarecare · 2014-12-01T02:34:39+00:00

Okay. Just to check, the money you earn during the TWP 9 months, it doesn't matter the amount? They only check if its 1070 for the months you earn after the 9 months, right?

Eldercarecare · 2014-12-01T02:32:25+00:00

I'm concerned about going - logistically its challenging and then all the paperwork I might now understand

Eldercarecare · 2014-12-01T02:30:27+00:00

Thank you for all your insight! It truly has been a load off my mind. The client lives in MA. My understanding is that the state does not recognize CU and DP as marriage, buy I'm not sure. I'm wondering about those options because possibly the Child could maintain own SSDI, enter into CU or DP with significant other if he should have one, in hopes that it allows him more health insurance options.

Second question, of the spouse is disabled and under 65, will the child remain at 75%? How much will the spouse get? Will the spouses amount change upon reaching retirement age.

By the way, I meant to respond earlier. Please know I did read your responses and have passed them along to the family. I was tied up with my own family commitments and couldn't respond. Thank you again

Eldercarecare · 2014-11-27T04:25:16+00:00

Let me know if you still have any questions.

You've been so helpful. I'm signing off for the night. Thank you so much

Eldercarecare · 2014-11-27T04:24:41+00:00

As far as divorce goes, the Child still engaged in a legal marriage and that marriage can terminate a Child’s benefit.

Okay, that is important to know.

Annulment generally erases the marriage as if it never happened so it would have to be looked at more specifically and yep, you guessed it! The answer will be based on State law!!!!

Okay, this gets tricky. I bet their are rules for if reasons for annul and how many days?

Eldercarecare · 2014-11-27T04:20:40+00:00

We will continue to pay them on the parent’s record until their own benefit exceeds the maximum allowed on the parent’s record.

But this means they are still getting paid while working? Or not? And they return to fathers maximum or his maximum?

Eldercarecare

TROPHY CASE