Will a Contribution to an SNT Qualify for the Gift Tax Exclusion?
Does a gift of $14,000 this year to a special needs trust (SNT) qualify for the annual gift tax exclusion?
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Ask a QuestionDoes a gift of $14,000 this year to a special needs trust (SNT) qualify for the annual gift tax exclusion?
See the AnswerMy trustee claims that I insulted him in an email, which I did not. I believe he does not want to have to file income taxes on a special needs trust and used this as an excuse to bow out of his role as trustee. He informed me that he has taken all the files relating to the trust and sent them back to the trust's creato...
See the AnswerI receive Supplemental Security Income (SSI) benefits. My car is 19 years old and not so reliable. I'm thinking of driving it to the junk yard and buying another one. How much, maximum, I can spend on it?
See the AnswerA divorced couple has separate special needs trusts (SNTs) for their two special needs adult children. The father has one trust for each beneficiary and the mother also has one trust for each beneficiary. The father does not want the mother to contribute to the trusts he has set up. Will this cause legal problems?
See the AnswerI live in Illinois and my question is about the legal guardianship of my adult son with disabilities. I am his guardian and my husband is co-guardian. We are divorcing. Does being co-guardians mean we both have to sign for everything? Also what happens if there is an emergency and I am the only one with our son (which...
See the AnswerMy son was disabled prior to age 18 and is now 39. He lives with us at home and draws Social Security benefits on his dad's work record. I will be 62 in June and have applied for early retirement. Will our son be able to draw from my work record as well?
See the AnswerI have three children and one is an incapacitated adult child. I would like to prepare a will that leaves my house to the three children but puts one-third of the house in a special needs trust to benefit my child with disabilities. Is this even possible? I believe a house (and other assets) can be left to an irrevocab...
See the AnswerMy daughter is receiving Social Security Disability Insurance (SSDI) from her dad's SSDI because she gets more that way than on her own account. But is there an age at which she will age out of his SSDI benefits and have to apply on her own?
See the AnswerI have a patient who receives Supplemental Security Income (SSI) but can't manage her own money. Can we set up a special needs trust to receive her benefits and use them for her benefit over the course of the month?
See the AnswerYes, but be aware that a co-trustee can be held responsible for another co-trustee’s breach of a fiduciary duty. Thus, it is important that all co-trustees pay close attention to everything that is done in the administration of the trust.
See the AnswerDownload one or more of our in-depth guides on special needs topics.
Get your GuideDownload one or more of our in-depth guides on special needs topics.
Get your GuideIn stark contrast to previous COVID-19 relief bills, the $1.9 trillion American Rescue Plan, signed into law by President Biden on March 11, 2021, contains numerous provisions specifically aimed at supporting people with disabilities.
Read moreQuestion: How Can I Get My Siblings to Let Me Read My Mom’s Will? Alt: How to Get a Loved One’s Will Read Immediately Keywords: Estate Planning, Probate Abstract: My mother passed away and left a will to give to the children. My brother and sister won't lffet me read it. What can I do to get my mom's will readff immediately because I am a beneficiary who is allowed to see it. Body: While every state’s laws are different, whoever possesses the will of the deceased person must record it with the local probate court. The deadlines may differ from state to state. If you have reason to believe that your siblings are violating this requirement, you can seek a court order that they comply. Understanding the Probate Process To begin probate, a personal representative or executor must file with the county court where the decedent lived. One of your siblings may have been named as the executor, and they will need to go through probate proceedings with the help of the court. The court needs to approve them as the executor first before they can carry out the instructions in the will. Their role requires them to notify all beneficiaries. If your siblings refuse to notify you about the contents of the will, you could also force the issue by proceeding in probate court as if your mother did not have a will, seeking to probate your mother’s estate under the rules of intestacy. Your brother and sister would no doubt respond by filing the will. Otherwise, the state gets to determine who receives your mother’s belongings—and it might not be to their liking or yours. For legal guidance and advice, contact a local estate planning and probate attorney. Harry S. Margolis practices elder law, estate, and special needs planning in Boston and Wellesley, Massachusetts. He is the founder of ElderLawAnswers.com and answers consumer questions about estate planning issues here and at AskHarry.info.
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