Special Needs Trusts: Compiled Free Downloads

Information, downloads and advice about Special Needs Trusts are among the most popular items on the LexisNexis Estate Planning and Elder Law Community.  To simplify your ability to find and use these important materials, we have gathered them into one location.  Here is a summary of what you will find in this listing of compiled Special Needs Trusts Downloads:

  • Model Special Needs Trust  This model  Special Needs Trust is a sample of a document used to shield assets that will be needed in the future for the care of an incapacitated elderly person or a disabled adult child. Because of the “SNT”, the assets will not be counted when determining if the person is eligible for Medicaid benefits. 
  • Fundamentals of Special Needs Trusts – Inheritance Lifetime Gifting; Redirecting Inheritance into a First-Party SNT  The SNT attorney may be faced with a situation where a decedent leaves a bequest to an individual with a disability not understanding the adverse impact the gift will have on that individual. In these cases, depending on state law, it may be possible to redirect or divert the inheritance into a SNT.
  • Fundamentals of Special Needs Trusts – Inheritance Lifetime Gifting; Redirecting IRAs  In the same way that parents or grandparents sometimes fail to recognize the importance of directing a child/grandchild’s inheritance to a SNT when the child/grandchild suffers from a disability, they also forget to take into account the beneficiary designations on IRAs or other retirement type assets.
  • Modifying Third Party Trusts into a Special Needs Trust  Proper drafting at the outset can obviate the draconian consequences of  irrevocability” equaling “unmodifiable” and, where necessary, current trust law in most jurisdictions establishes statutory bases upon which interested parties can obtain judicial relief.
  • Special Needs Trusts: Inheritance Lifetime Gifting  Transfers to third-party Special Needs Trusts by way of inheritance or lifetime gifting are efficient ways to fund third-party Special Needs Trusts.  This chapter of Fundamentals of Special Needs Trusts provides details of how parents, grandparents, siblings and others can direct an inheritance to a Special Needs Trust.
  • BONUS: Sources of Assets for Special Needs Trusts: Litigation Proceeds  A first-party SNT is frequently funded through the proceeds from litigation arising out of personal injury, such as birth injury, medical malpractice, auto accidents, mass tort, negligence, etc., and may come through a settlement, an award through arbitration, an agreement through court-ordered mediation or through a judgment. The steps in the judicial process where the proceeds are obtained may affect the analysis that goes into creating and funding the SNT.

Some of these free downloads are part of Fundamentals of Special Needs Trusts, which places special needs trusts in the arsenal of tools available to an attorney to help his senior clients and those who have disabilities. It helps the practitioner to understand how she can draft a trust, using the person’s own funds or the funds of another, to provide goods and services for those clients that will enhance their everyday existence.

Fundamentals of Special Needs Trusts. provides practitioners with analysis of the law, authoritative advice, practice notes, checklists, and forms. It begins with a discussion of the history of special needs trusts, discusses ethical issues, explains the various types of special needs trusts and how to draft, fund, and administer those trusts, how and when to terminate them, and the relevant tax considerations.

Lexis.com subscribers can conduct a search in Fundamentals of Special Needs Trusts.

Fundamentals of Special Needs Trusts is a reasonably priced desk manual that is available at the LexisNexis Store and is the product of highly experienced practitioners.


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