A Special Needs Trust — Did I make a Mistake?
Dear Terry, I find your articles in my local newspaper to be the most well written and informative. Since I established an SNT for my disabled daughter age 63 in 2005, I’ve had concerns.
Her sister, age 64 and employed is named as Trustee. She will need to rely on the attorney (writer of the Trust and her Last Will) also the Successor Trustee. to guide her at a very high hourly rate for his services and those required in the SNT.
Subsequent to forming the SNT daughter, the Benefactor was advised last October she will no longer receive Medicaid coverage and will have to reapply from scratch. the reason given, “she has received financial help from others but no further explanation. The only assistance can be is that, from day one she has resided in a Condo apt. owned by me for which her SSI monthly income benefits were reduced by one third. Unfortunately her chronic health issues have stood in the way of her ability to pursue the matter. She is still receiving SSI and food stamps but no healthcare.
I have funded the SNT with a very small amount of money to establish the bank account. The Condo will be transferred over through my Will. Depending upon answers to my concerns and because the trust is irrevocable, can it be ignored and just not be implemented further.
I will understand if you may not be able to respond to all my concerns and will appreciate any guidance you may offer.
Thank you.
Terry Says: OK, I’m going to send you directly to the expert — Go to www.ProtectedTomorrows.com and talk with MaryAnne Ehlert, who told me she has received an incredible outpoureing of questions and people seeking help as a result of my column.