Special Needs Trusts, Sole Benefit Trusts, SSI, Medicaid, Set Asides, Loss of Benefits, Inkind Support & Maintenance, Taxes . . . CONFUSED YET?
If I leave something for my disabled grandson he’ll lose SSI and Medicaid!
- A Troubled Grandparent
My mother is going into a nursing home. Isn’t there anything she can do with her assets for my autistic son?
- A Concerned Daughter (and Parent!)
Mason! The judge is approving the settlement next week . . . we need a special needs trust, don’t we?
-A Harried Colleague
We hear all these and more at Mason Law, PC. Being the parent of a disabled child, or being disabled yourself, is harrowing and trying enough without the extra confusion and hassle of complying with an incredibly complex array of law and regulation. Special needs law is definitely not an area for the faint of heart . . . or the unprepared.
The tough call when facing a special needs challenge is locating competent help. The Medicaid and SSI thicket is daunting for many of the best advisers, but folding complex trusts and other arrangements into a sound overall plan is for the true expert.
Bob Mason brings over 23 years of complex trust, special needs trust, trust tax, Medicaid and SSI experience to the table and is eager to work with a team of professionals including financial advisors, accountants, and personal injury attorneys to fashion a plan that will maintain benefits, save assets, and preserve dignity.
You Need A Special Needs Trust?
That is what we do at Mason Law, PC.
Bob Mason, a past Chair of the Elder Law Section of the North Carolina Bar Association, and a North Carolina Board Certified Specialist in Elder Law, not to mention a Certified Elder Law Attorney by the National Elder Law Foundation, is used to “thinking outside the box.” By being an expert on what goes on “inside the box” we can devise creative solutions for you and your family.
Bob is also recognized as an special needs law expert on advanced trust, Medicare Set-aside arrangements (both for Workers Comp and general liability cases) and other planning techniques that will assist you or your loved ones to retain the dignity and security that is your due.
We urge you to have a look around at the various articles and information listed to the immediate right of this screen, or run a search (in the upper right hand corner), and we believe you’ll agree that you have come to the right place!
What We Do: Special Needs Law Case Studies
The following are a few typical examples of the special needs law cases we handle. Of course, names and a few “give away” facts have been changed.
Special Needs Law Case Study #1
Frank is a retired executive. His divorced son, Allen, is a school teacher, and he has one 20 year old son, John, who is physically disabled. Frank set up an account in John’s name and deposited $50,000, and had plans to deposit additional funds. Unfortunately, when Social Security learned of the account, John lost both SSI and Medicaid.
Frank wanted to know what to do.
Bob had Allen establish a self-settled special needs trust for John. John then moved the $50,000 from Frank to the trust. Although this trust would be subject to Medicaid “payback” provisions at John’s death (if anything is left in trust at that time), it allowed John to seek immediate reinstatement of SSI and Medicaid benefits.
Bob then had Frank establish a third party special needs trust for John, to which Frank made continuing deposits. Because these types of trusts have no need for Medicaid payback provisions at John’s death, Frank inserted provisions that allowed anything remaining in trust on John’s death to pass to Frank’s other grandchildren. Frank then incorporated this trust into his overall estate planning.
Special Needs Law Case Study #2
Ralph, 45, has been disabled many years. He receives about $400 monthly Social Security Disability Benefits and Supplemental Security Income of $274. Ralph is also on Medicare and Medicaid.
Four years after a major in-hospital medications error that severely aggravated his existing disability, Ralph received a settlement from the hospital’s insurer. Ralph’s personal injury attorney contacted Bob.
Bob helped resolve the existing Medicare lien for additional benefits paid because of the injury. He also established a Medicare Set-aside Arrangement within a special needs trust to satisfy both ongoing Medicare issues and to insure continued Medicaid and SSI eligibility for Ralph.
We have a number of interesting articles posted to the immediate right of this page and hope you will take a few minutes to look them over. Perhaps they’ll answer some of your more pressing questions. If you need more help, call us for a solution.