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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 / Guardianship and Conservatorship /
 Can I Create a Third-Party Special Needs Trust for My Son If I’m His Guardian?
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By Harry Margolis
In Guardianship and Conservatorship, Special Needs Planning
Posted January 13, 2023

Can I Create a Third-Party Special Needs Trust for My Son If I’m His Guardian?

Question: I would like to set up a Special Needs Trust for my 63-year-old son with autism. I have also been appointed as his guardian. Question 1: Does the guardianship interfere with the [...]

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 Must SSI Beneficiary Begin Taking Social Security Retirement at Age 62?
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By Harry Margolis
In Social Security, Special Needs Planning
Posted July 1, 2022

Must SSI Beneficiary Begin Taking Social Security Retirement at Age 62?

Question: I wanted to confirm that an SSI recipient must apply for their Social Security benefits when they turn 62 based on a friend’s recent personal experience. About 10 weeks after [...]

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 How Can Medicaid Beneficiary Use Inheritance to Update Bathroom?
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By Harry Margolis
In Special Needs Planning
Posted June 28, 2022

How Can Medicaid Beneficiary Use Inheritance to Update Bathroom?

Question: I have been getting Medicaid in-home assistance for approximately two years I am getting a unexpected check from an inheritance that I plan to use to replace a tub with a shower. But I [...]

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 How Can I Protect My Accident Settlement and My SSI and Medicaid Benefits?
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By Harry Margolis
In Special Needs Planning
Posted June 6, 2022

How Can I Protect My Accident Settlement and My SSI and Medicaid Benefits?

Question: I am 60, disabled, and on SSI and medicaid. I was recently in a car accident, and am expecting a decent sized (about $60K) settlement. I do not want to lose my SSI and Medicaid [...]

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 Can SNT Include Charitable Beneficiary and Qualify Under the SECURE Act?
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By Harry Margolis
In Retirement Plans, Special Needs Planning
Posted May 26, 2022

Can SNT Include Charitable Beneficiary and Qualify Under the SECURE Act?

Question: I just read your article about IRAs being paid to trusts. Is a special needs trust for grantor’s disabled son an “eligible designated beneficiary” under the SECURE [...]

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 Can I Be Trustee of My Own Special Needs Trust?
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By Harry Margolis
In Special Needs Planning
Posted April 4, 2022

Can I Be Trustee of My Own Special Needs Trust?

Question: I live in Illinow. and am in the process of getting a divorce. I’m 61.5 years and have Parkinson’s and I am of sound mind and want to set up a first-party special needs [...]

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 What Can I Do If My Pooled Trust Screws Up?
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By Harry Margolis
In Special Needs Planning
Posted September 27, 2021

What Can I Do If My Pooled Trust Screws Up?

Question: My pooled trust made a “clerical error” and underpaid my monthly rent thus putting me in arrears. Who oversees pooled trusts? Where is legal representation or advocacy for [...]

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 How Can My Girlfriend Leave Me Her Life Insurance Without Affecting My Medicaid Benefits?
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By Harry Margolis
In Special Needs Planning
Posted August 15, 2021

How Can My Girlfriend Leave Me Her Life Insurance Without Affecting My Medicaid Benefits?

Question: I am on SSDI and have Medicare and Medicaid. My girlfriend has me as a beneficiary on her life insurance policy through her job. Would I lose that money if she died because I’m on [...]

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 How Can Mother Needing Nursing Home Care Protect Home for Disabled Daughter?
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By Harry Margolis
In Long-Term Care Planning, Special Needs Planning
Posted April 1, 2021

How Can Mother Needing Nursing Home Care Protect Home for Disabled Daughter?

Question: My mother may need to go into long-term nursing home care and apply for Medicaid. She wants to be at home, but we are not sure how long we can continue to pay out-of-pocket for home [...]

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 How are Trustee Fees Paid from a Special Needs Trust?
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By Harry Margolis
In Special Needs Planning, Trustee
Posted February 16, 2021

How are Trustee Fees Paid from a Special Needs Trust?

Question: How exactly does the trustee of a SNT get paid? Does any serving trustee have direct access to the trust account and withdraw funds to pay him or her self? Response: That’s right. [...]

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