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Answers to your estate planning questions so you can take care of your family and yourself. Answers to your estate planning questions so you can take care of your family and yourself. Answers to your estate planning questions so you can take care of your family and yourself.
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Special Needs Planning

Home / Special Needs Planning /
 Can I Transfer Cryptocurrency to a Special Needs Trust?
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By Harry Margolis
In Special Needs Planning
Posted June 20, 2025

Can I Transfer Cryptocurrency to a Special Needs Trust?

Question: I’m on Medicaid. I purchased cryptocurrency that could result in a sizable capital gain when I sell. Can I get a first-party special needs trust set up and transfer the proceeds [...]

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 How Do We Find an Independent Trustee for Special Needs Trust?
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By Harry Margolis
In Special Needs Planning
Posted May 7, 2025

How Do We Find an Independent Trustee for Special Needs Trust?

Question: I am involved with a special needs trust that seems to require an independent trustee, and because of possible conflict between two residuary distributees (after the prime [...]

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 Can a Son-in-Law or His Trust Serve as a Section 8 Landlord?
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By Harry Margolis
In Real Estate, Special Needs Planning
Posted December 18, 2024

Can a Son-in-Law or His Trust Serve as a Section 8 Landlord?

Question: Can my mother use her Section 8 voucher to rent from my husband (her son-in-law) or the trust that he owns? Response: Probably not from him directly, but perhaps from his trust. Family [...]

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 What Rights Does Medicaid Estate Recovery Waiver Give Disabled Heir?
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By Harry Margolis
In Long-Term Care Planning, Probate, Real Estate, Special Needs Planning
Posted December 11, 2024

What Rights Does Medicaid Estate Recovery Waiver Give Disabled Heir?

Question: If a disabled adult child clause has prohibited the Medicaid estate recovery on her dad’s estate, can the probate attorney who advised the sale of the property then divide the proceeds [...]

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 How Long Does It Take to Settle ABLE Account After Beneficiary’s Death?
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By Harry Margolis
In Special Needs Planning
Posted December 9, 2024

How Long Does It Take to Settle ABLE Account After Beneficiary’s Death?

Question: I understand that ABLE funds are subject to pay back if the state chooses to do so. Where a state statute (NJ) gives the state up to 3 years after receiving notice of death of a [...]

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 Will Medicaid Agency Provide Statement of Amount Owed By (d)(4)(A) Trust?
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By Harry Margolis
In Special Needs Planning
Posted October 23, 2024

Will Medicaid Agency Provide Statement of Amount Owed By (d)(4)(A) Trust?

Question: Is there away to determine the amount to be reimbursed back to Medicaid before the death of a disabled beneficiary of a 1st party SNT? Response: Probably not, though the answer would [...]

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 Will Income from Special Needs Trust Affect Beneficiary’s SSI?
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By Harry Margolis
In Special Needs Planning
Posted October 11, 2024

Will Income from Special Needs Trust Affect Beneficiary’s SSI?

Question: I am helping a friend who has a 1st party special needs trust set up for his brother (funded from a personal injury settlement). His parents who were previously the trustees never [...]

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 Must SSI Beneficiary Reestablish Disability After Spending Down Inheritance?
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By Harry Margolis
In Special Needs Planning
Posted October 10, 2024

Must SSI Beneficiary Reestablish Disability After Spending Down Inheritance?

Question: My friend is disabled and has $50K coming to her from the sale of deceased intestate mother’s house and maybe $75K more when she is evicted by her mother’s heirs from her [...]

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 How Can a Custodian Bank Account be Opened?
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By Harry Margolis
In Guardianship and Conservatorship, Special Needs Planning
Posted October 4, 2024

How Can a Custodian Bank Account be Opened?

Question: Our client in California received life insurance proceeds from her parents’ policy payable to her as custodian for her adult brother (“Jane Doe Custodian FBO Joseph [...]

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 How are ABLE Account Distributions to Heirs Taxed?
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By Harry Margolis
In Special Needs Planning
Posted May 22, 2024

How are ABLE Account Distributions to Heirs Taxed?

Question: Must a sibling or nephew heir of an of the remaining balance in an ABLE account have to pay taxes on the funds received? The ABLE custodian does report the distribution to the IRS on [...]

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Wondering if a trust makes sense for you?

This comprehensive guide provides all you need to know (in plain English).

Harry Margolis book: The Baby Boomers Guide to Estate Planning

Get the Book
(An Amazon Prime Reading selection)

Read Sample Chapters

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