In general, a child is not considered the step-parent's legal heir ... so that child is not legally entitled to any of the parent's estate.

Planning for incapacity means taking the time today – while you have a clear head – to make decisions about who you want to help you if you need assistance.

The Supreme Court decides so few cases that lawyers, courts and agencies will look to this case for guidance on the taxation of trusts and beneficiaries in the interstate context for years.

... too wealthy for government help and too poor to do without it ...

Even if your child leaves money and assets to a second – or third, fourth – spouse, the money in your trust is separate and goes to your grandchildren.

We will never know what the father really intended.

Trust-based planning requires your active participation in the planning process as well as in funding the trusts we create.

The court case  (Alexander v Azar) speaks to the fact that patients have no easy way to challenge the observation status designation – and many patients would save thousands of dollars if they could change the designation. 

Using the settlement to fund a Special Needs Trust (SNT) is a way to maintain access to government benefits (Medicaid or Supplemental Security Income) and have access to settlement funds.

The right place will feel like a home, rather than an institution. Finding the right place will give you peace of mind that your loved one will continue to lead a happy, healthy and safe life.

Even siblings often don’t appreciate  what their parents do every day for their brother or sister with special needs.

In general, the Medicaid transfer rules prohibit a person from transferring money to someone else exclusively to qualify for Medicaid benefits. But the child caretaker exception allows a parent to transfer his/her house to a child who has been living in the house with the parent for at least two years and providing care that has kept the parent out of a nursing home.  

If your adult child is traveling abroad and decides to stay, who will sell his car and cancel his lease? You don't have the authority to act for him without preplanning. 

The big takeaway here is that property titled to an UTMA account belongs to the minor. If the father had established a trust, the property in the trust would belong to the trust, not to Marcus, and would have been shielded (under Delaware law) from bankruptcy proceedings. It would also have protected against divorce, personal injury claims, etc.

Special Needs Trusts allow these who are dependent on public benefits to receive these benefits and maintain some level of financial independence

I once had a client who needed full-time care and had 10 nurses among her children, grandchildren and nieces who were candidates to provide that care. However, full-time care translated into 21 separate eight-hour shifts to fill every week -- they couldn't do it!

Since Medicaid is likely to be in the mix if you need to pay for long-term care, it’s important to sort out fact from fiction. Here are some common misconceptions.

In very broad terms, ABLE Accounts are similar to certain types of Special Needs Trusts (SNTs). They both aim to allow an individual with special needs to save money in a tax-free environment and remain qualified for government benefits from Social Security and Medicaid.

Here are some of the differences between an ABLE Account and a SNT which you should keep in mind as you prepare your child for an independent financial future.

There is confusion about what long-term care is and how to prepare to access care when you need it.

Keep in mind, that you may need help gradually. Your plan may start with assistance at home and include a move to a program or facility later.