QUESTION

I'm having trouble locating an attorney who specializes in Special Needs Trusts

Asked on Dec 15th, 2016 on Trusts and Estates - California
More details to this question:
60 year old male beneficiary in mother's Living Trust. The Trust did not allow for him to retain his SSI and Section 8 benefits. Need to have legal council have amend it? in order to comply with Federal and California guidelines.
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1 ANSWER

Estate Planning Attorney serving Woodland, CA
Partner at Sonin Law
3 Awards
I wouldn't think Mom's trust could be amended, if Mom is deceased (which I assume from the question). If the distribution is relatively small, it could be distributed early in the month and IMMEDIATELY spent down in the month of receipt, for large-ticket items such as a car, purchasing a funeral plan, television, new appliances, computer, etc. The beneficiary would have to report the receipt and spend-down. He would have to pay back one month SSI benefits. If the amount is in that range, please seek further guidance for the exact right way to do this. View Stephen Dale's video: https://www.youtube.com/watch?v=ZMr_RSJPDPU   If the amount is larger than around $50,000, it would be urgent to create a first-party d(4)(a) trust for his portion to be distributed to. If no one in your local area specializes in special needs trusts, someone could work with you remotely. My firm, and probably others, are able to do that. Administration of the trust will be critical as well, to avoid jeopardizing SSI or Section 8 in the future.
Answered on Dec 19th, 2016 at 7:30 AM

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