Trusts and Asset Management Resources

Qualified Settlement Fund Tax Treatment: IRS Rules, Tax Liability, and Compliance Guide

Introduction Qualified settlement fund tax treatment can make or break the financial outcome of a settlement. Qualified settlement fund tax treatment affects the fund itself, the defendant or insurer that contributes money, the claimants who receive distributions, and...

Special Needs Trust SSI: Eligibility, Assets, and Trust Rules

The special needs trust SSI problem starts with one hard number: $2,000. For an individual receiving Supplemental Security Income, countable resources generally cannot exceed $2,000, which means a settlement, inheritance, or gift can create a benefits crisis almost...

Special Needs Trust Violations: Rules, Penalties, and Corrective Steps for Trustees

Special needs trust violations can start with a seemingly harmless purchase: a trustee pays the beneficiary’s rent, hands over cash for a bill, or forgets to keep receipts, and the beneficiary’s SSI or Medicaid eligibility is affected before the family understands...

Self-Settled Special Needs Trust: Benefits, Challenges, and Setup Guide

Introduction Receiving a settlement, inheritance, or large financial payment should feel like a victory. But for individuals with disabilities who rely on government benefits like Medicaid or Supplemental Security Income (SSI), receiving money directly can create a...

Special Needs Trust SSI: Eligibility, Assets, and Trust Rules

The special needs trust SSI problem starts with one hard number: $2,000. For an individual receiving Supplemental Security Income, countable resources generally cannot exceed $2,000, which means a settlement, inheritance, or gift can create a benefits crisis almost overnight. That result can feel devastating. A settlement or inheritance should...

Self-Settled Special Needs Trust: Benefits, Challenges, and Setup Guide

Introduction Receiving a settlement, inheritance, or large financial payment should feel like a victory. But for individuals with disabilities who rely on government benefits like Medicaid or Supplemental Security Income (SSI), receiving money directly can create a serious problem. These programs have strict financial limits. In many cases,...

Special Needs Trust and Medicaid Rules: What You Must Know Before Setup

Introduction When a person with disabilities receives money—especially from a legal settlement—it can create an unexpected problem. Many government benefits, including Medicaid, have strict asset limits. Even a relatively modest settlement can suddenly push someone over those limits and cause them to lose essential healthcare coverage. That’s...

How Can Attorneys Protect Clients with Annuities from Factoring Companies?

Introduction Past settlement recipients who elected to receive all or a portion of their settlement funds via a structured settlement annuity might be tempted to sell their annuity payments to factoring companies (more commonly known as “cash now” companies). These companies often purchase annuity payments for pennies on the dollar, leaving your...

What Happens When a Special Needs Trust Beneficiary Passes Away?

A common question from attorneys regarding special needs trusts is: "What happens when the beneficiary of the special needs trust passes away? What happens to the funds in the trust?" It’s an important question that needs to be explained to the client before setting up a special needs trust. One of the reasons why the government allows...

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