What is a Qualified Trust?

What is a Qualified Trust?

Written by Jill Roamer, J.D. The legal authority to create a Qualified Disability Trust (QDisT) falls under §642(b)(2)(C) of the Internal Revenue Code. To qualify as a QDisT, the trust must meet the following criteria:   A QDisT must be irrevocable. All beneficiaries must be disabled and receive Supplemental Security Income or Social Security Disability…

Yes, Reverse Estate Planning is Real… and can Financially Benefit Your Family

Yes, Reverse Estate Planning is Real… and can Financially Benefit Your Family

Written by Robert T. Nickerson ​When many people hear the term “estate plan”, they assume that the direction only flows from adult to child; as in once something happens to the parent, when the child (assuming their an adult) will be the beneficiaries to their assets. What most don’t know is that there are situations…

New Voting Laws May Impact Those Who are Disabled

New Voting Laws May Impact Those Who are Disabled

Written by Jill Roamer J.D.  The Americans with Disabilities Act (ADA) is a broad-sweeping federal law meant to eliminate discrimination against those with disabilities. The ADA doesn’t specifically address polling places, but Title II requires equal voting rights for those with disabilities. As such, state and local governments must ensure that those with disabilities have…

Distinctions Between a First-Party Special Needs Trust and a Third-Party Supplemental Needs Trust

Distinctions Between a First-Party Special Needs Trust and a Third-Party Supplemental Needs Trust

Written by Jill Roamer J.D.  A First-Party Special Needs Trust (SNT) and a Third-Party Supplemental Needs Trust (SNT) are used when a beneficiary would like access to extra funds without jeopardizing their eligibility for public benefits. Let’s review some key differences between these trusts. The First-Party SNT is irrevocable and is used when the assets…

Amanda Please! Conservatorships and How Amanda Bynes’ Case is a Lesson for Everyone

Amanda Please! Conservatorships and How Amanda Bynes’ Case is a Lesson for Everyone

Written By Robert T. Nickerson ​Ever since Britney Spears hit the news recently when she was declared independent, conservatorships have been getting more attention. This is nothing new. In fact, conservatorships are much more common then we think. Their not just something for celebrities to use when their not in the right mental mind to…

Special Needs Trusts 101: The Basics

Special Needs Trusts 101: The Basics

Written by Jill Roamer, J.D. & Marcheasa Minium, J.D.  Trusts are certainly not the most perspicuous of legal inventions, but they can be a critical part of any family with a loved one with special needs. Experienced professionals understand the nuances of the various types of trusts available, what language is necessary, and which trust…

California, the Deficit Reduction Act, and Stacked Gifting

California, the Deficit Reduction Act, and Stacked Gifting

Written by Jill Roamer, J.D.  The Deficit Reduction Act of 2005 (DRA) did many things. It implemented new whistleblower protections, changed the annuity rules, allowed states to vary premiums and cost-sharing for Medicaid benefits, and instituted the “Money Follows the Person” rule. But the heavy hitters of the DRA were the modifications of the look-back…