Planning for Life

Choosing a Trustee for A Child’s Special Needs Trust

Posted by Karen Mariscal on November 7, 2017

by Karen B. Mariscal

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Topics: trusts, special needs planning, special needs, Special Needs Child, Special Needs Trust, trustee

“I’d be Honored”: Paving the Way  For Your Special Needs Trustee - Preparing a Memorandum of Intent

Posted by Karen B. Mariscal on October 26, 2017

iStock-587221754.jpgWhen our autistic son was 8 years old, he was a holy terror.  That was true when he was younger than 8 and older than 8 (he settled down around the time of puberty, for which I am eternally grateful), but I am focusing on age 8 right now. We had two younger boys as well, then ages 5 and 4.  So when I asked my sister Laura whether she would be the guardian of our children, and take over if something happened to my husband and me, it was with great trepidation.  Laura knew full well what was going on in our house, and how difficult a request I was making.  She responded, without hesitation, “I’d be honored.”  I have tears in my eyes as I write this, as it never fails to get to me, even 17 years later.

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Topics: trusts, special needs planning, Intellectually Disabled, autism, disability, Special Needs Child, Caregivers, Special Needs Trust

Special Needs Trusts and Retirement Benefits: A Complicated Subject

Posted by Anthony Bushu on May 5, 2017

By Karen Mariscal 

older parent and child.jpgMuch of your savings may be in your 401(k)’s and IRAs.  It is important to designate the proper beneficiaries for these accounts, so that your beneficiaries do not have to pay taxes on the funds prematurely. Unfortunately when a beneficiary has special needs, it gets complicated.

If the beneficiary receives the IRAs and 401(k)’s directly, the required minimum distributions (RMDs) could prevent your child from receiving the government benefits he needs. But if you designate a special needs trust as the beneficiary of a retirement account, there could be adverse income tax consequences. 

Fortunately, with proper drafting, such tax results usually can be prevented. People have written entire books on this subject -- this is our attempt to summarize the basic issues.           

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Topics: Retirement Planning, Special Needs Trust, Retirement Benefits, Required Minimum Distributions

Why Lawyers Should Think Twice About Serving as Trustee

Posted by Jamie Marshall on April 28, 2011

By Harry S. Margolis

The story of a Massachusetts attorney who received a three-month suspension for failing to fulfill his duties as co-trustee of a special needs trust should serve as a cautionary tale for any attorney (or anyone else for that matter) asked to step into this role. The attorney was only two years out of law school when in 2003 a client asked him to become the independent co-trustee of a special needs trust for the benefit of the client’s son.

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Topics: trusts, special needs planning, Special Needs Trust

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