Special Needs Trust


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Special Needs Trust

  1. 1. OLA 1614 0513 Providing for the Future
  2. 2. 2 This material was not intended or written to be used, and cannot be used, to avoid penalties imposed under the Internal Revenue Code. This material was written to support the promotion or marketing of the products, services, and/or concepts addressed in this material. Clients and other interested parties to whom this material is promoted, marketed, or recommended should consult with and rely solely on their own independent advisors regarding their particular situation and the concepts presented here.
  3. 3. Why Families Should Plan for a Loved One with a Disability • Persons with disabilities are living longer and public benefits are often necessary to cover lifetime personal and medical care needs • Health care costs are increasing each year and paying for such care can quickly zero out even a sizable inheritance • Public benefits provide ONLY a subsistence level of care. To provide for “extras” such as transportation, accessibility modifications, or furniture for a person with a disability requires special planning • Parents or guardians should appoint an Advocate for their loved ones when they are no longer there 3
  4. 4. Planning for a Loved One with a Disability • Preserving financial security and quality of life • Addressing key issues: • Understanding the role of public benefits • Making decisions about the future • Using a special needs trust to protect assets 4
  5. 5. Public Benefits at a Glance • Supplemental Security Income (SSI) and Medicaid are the two most common public benefit programs for persons with disabilities • SSI and Medicaid are means tested public benefits: • Assets over $2,000 held in the beneficiary’s name can disqualify him or her from SSI and Medicaid • Income over a modest amount (generally $1,000/month) will reduce SSI and Medicaid benefits • Laws and services vary from state to state • Social Security Disability Insurance (SSDI) and Medicare are not affected by a person’s assets or income 5
  6. 6. What SSI Provides • SSI provides a modest monthly cash grant for food and shelter to disabled, blind, or aged (65 or older) persons • In 2013, the SSI Federal Payment Standard is $710 a month for an individual • Some States supplement this amount. For example, California provides a supplement of $156 a month to the payment • Eligibility for even $1 of SSI (in most States) means automatic eligibility for Medicaid 6
  7. 7. • Comprehensive health insurance • Attendant services • Dental coverage • Day rehabilitation programs • Group homes *Programs are state-specific; please contact your state Medicaid provider for more details. 7 What Medicaid Provides*
  8. 8. Lifetime Care Planning for a Child with a Disability The best planning will assemble a team consisting of a special needs planning attorney, financial advisor, insurance professional, and professional care giver to develop a plan for lifetime care • Understand costs associated with specific disability • Understand availability of public benefits • Develop plan for funding the lifetime care 8
  9. 9. What Parents Should Do 9 • Create Letter of Intent • Calculate future financial need • Establish Special Needs Trust (SNT) through will or living trust • Fund SNT with life insurance • Name SNT as beneficiary of accounts, plans, etc. • Reduce taxable estate
  10. 10. Estimate Income and Expenses • Monthly income • SSI, SSDI, Social Security, earned/unearned income • Monthly living expenses • Housing, food, transportation, medical, recreation, etc. • Consider how any shortfall will be met • Income – Expenses = Shortfall 10
  11. 11. Establish a SNT 11 • Third-Party SNTs allows a person with a disability to have assets available for their future care without interfering with public benefits eligibility • May be established by parents: • Through Will • Through Living Trust
  12. 12. How to Establish an SNT Important to work with experienced special needs planning attorney to establish an SNT • Complex laws govern trusts • Laws vary from state to state • Trust provisions need to preserve eligibility of beneficiary for public benefits 12
  13. 13. 13 There are two primary types of SNTs – Individual and Pooled • Individual SNTs are held by a corporate trustee or private trustee • Pooled SNTs are held by a Nonprofit Organization Types of Third-Party SNTs
  14. 14. • Cash • Stock • Personal property • Real estate • Life insurance 14 Funding an SNT
  15. 15. Life Insurance 15 Ideal way to provide for special needs child or dependent adult because death benefit is: • Federal income tax–free • Immediately available • Usually received outside of the probate process • Joint survivorship policy can be very cost-effective funding tool
  16. 16. Avoiding Common Mistakes 16 Common mistakes families make when planning for a person with a disability • Failing to plan at all • Creating a trust for person with a disability that fails to qualify as a special needs trust • Placing money in Uniform Transfer to Minors Account (UTMA) • Assuming other family members will take care of person with disability • Picking a poor trustee
  17. 17. Example: The Smith Family • Jim and Jane Smith are both 54 • 13-year-old son, Mike, has Down syndrome • Jim and Jane want to ensure that Mike continues to receive government services while his supplemental needs are also covered 17
  18. 18. Example: The Smiths’ Planning • The Smiths consult their financial advisor, insurance professional, and attorney experienced in special needs planning • The Smiths’ financial advisor and insurance professional • Examines the Smiths’ goals and objectives • Performs detailed financial analysis based on future cost of supplementary items • Explores available resources to fund trust now and in future 18
  19. 19. The Smiths' create a Special Needs Trust • Jim and Jane make annual gifts to the SNT • The SNT purchases a $1.5M TransACE Survivor® life insurance policy • When Jim and Jane pass away, the SNT receives the income tax-free life insurance proceeds 19 Example: The Smiths’ Plan
  20. 20. Special Needs Trust – The Smith Family 20 How does it work? Grantors Jim & Jane Disabled Loved One Mike SSI & Medicaid Annual gifts to Trust Distributions for care Premiums paid for policy on life of grantor At death, proceeds paid to the trust Eligibility for government benefits maintained
  21. 21. • Only life insurance provides instant liquidity in event of Jim and Jane's death for the continued care of Mike • Death benefit is immediately available; avoids probate • Distributions from the SNT can be made for Mike's care without interfering with his eligibility for public benefits 21 Example: Benefits
  22. 22. Achieving Important Goals • An SNT can help you achieve vital estate planning and financial goals for your disabled loved one • Proper planning allows disabled person to maintain and enjoy a comfortable lifestyle while preserving governmental program eligibility 22
  23. 23. TransACE Survivor® is a nonparticipating, flexible premium universal life insurance policy issued by Transamerica Life Insurance Company, Cedar Rapids, IA 52499. Policy form No. ICC12 UL06 or UL06 (CVAT). Policy form and number may vary and this policy may not be available in all jurisdictions. In most states, in the event of suicide during the first two policy years, death benefits are limited only to the return of premiums paid. Transamerica Life Insurance Company (“Transamerica”) and its representatives do not give tax or legal advice. This material is provided for informational purposes only and should not be construed as tax or legal advice. Clients and other interested parties must consult with and rely solely upon their own independent advisors regarding their particular situation and the concepts presented here. Discussions of the various planning strategies and issues are based on our understanding of the applicable federal laws in effect at the time of publication. However, these laws are subject to interpretation and change, and there is no guarantee that the relevant authorities will accept Transamerica’s interpretations. Additionally, this material does not consider the impact of applicable state laws upon clients and prospects. Although care is taken in preparing this material and presenting it accurately, Transamerica disclaims any express or implied warranty as to the accuracy of any material contained herein and any liability with respect to it. This information is current as of May 2013 . Life insurance products issued by Transamerica Life Insurance Company, Cedar Rapids, IA 52499. 23
  24. 24. OLA 1614 0513 Providing for the Future