![]() Waiver and the Supports for Community Living Medicaid Waiver. This trust is subject to Medicaid reimbursement at Beth’s death to repay those public benefits.īeth is on a waiting list for special services through two federal waiver programs: the Michelle P. Other than the trust distributions to cover out-of-pocket medical costs, the trustee and the drafting attorney, who were both selected by the structured settlement company, had not provided Jean or Ron any planning services or advice. ![]() The attorney learned that Beth received a medical malpractice structured settlement that included a court-ordered special needs trust about three years before. Struggling with the loss of the child support, the resigning trustee and the news that Ron’s simple estate plan may further derail her financial support, Jean consulted with an attorney who is well versed in special needs and means-tested public benefit programs. ![]() The result is that those funds may count as income, as well as resources that will diminish Beth’s SSI benefit. Ron apparently failed to include a proper beneficiary designation for Beth’s share of his company retirement plan or to make a proper disposition in his last will to shelter Beth’s share of his estate. Although the child support partially counted to offset Beth’s SSI benefit, Jean relied on it for rent and living expenses, since working outside the home is not possible with Beth’s medical needs. The child’s father and Jean’s ex-spouse, “Ron,” whose salary was Jean’s main source of income through child support payments, passed away about 18 months before. Jean is struggling with many more issues in addition to the resigning trustee.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |