The Covid-19 Pandemic made everything topsy-turvy. Businesses shut down, supplies were sometimes scarce, and families were distanced. It seemed like the coronavirus could be a legitimate excuse for the failure to get almost anything done in a timely manner. But what if this were the cited reason for causing planning delays in a Medicaid eligibility…
Written by Jill Roamer J.D., CIP Donald and Marjorie were married in 1997. Each of them had two adult children upon entering the marriage–Donald’s kids were Kathy and Ray; Marjorie’s kids were Julie and Colleen. Donald and Marjorie created a revocable living trust together. At first death, the trust remained revocable as to the survivor….
Written by Jill Roamer, J.D. CIPP/US California Probate Code 850 is infamously known throughout the state as the basis for a Heggstad Petition, named after the landmark case, Estate of Heggstad. In this case, the Grantor of a revocable living trust had transferred trust property back into his personal name for refinancing purposes. The Grantor died…
Written by Jill Roamer, J.D., CIPP/US When someone is unable to care for themselves, a guardian is oftentimes appointed. This guardian is responsible for the health and well-being of the ward. But what if the guardian doesn’t act in the ward’s best interest? What if the guardian’s actions caused harm to the ward? Should the…
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…
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…
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…
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…
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…
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…