Montana Living Trust with Provisions for Disability

State:
Multi-State
Control #:
US-0651BG
Format:
Word; 
Rich Text
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Description

A living trust is a trust established during a person's lifetime in which a person's assets and property are placed within the trust, usually for the purpose of estate planning. The trust then owns and manages the property held by the trust through a trustee for the benefit of named beneficiary, usually the creator of the trust (settlor). The settlor, trustee and beneficiary may all be the same person. In this way, a person may set up a trust with his or her own assets and maintain complete control and management of the assets by acting as his or her own trustee. Upon the death of the person who created the trust, the property of the trust does not go through probate proceedings, but rather passes according to provisions of the trust as set up by the creator of the trust.
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  • Preview Living Trust with Provisions for Disability
  • Preview Living Trust with Provisions for Disability
  • Preview Living Trust with Provisions for Disability
  • Preview Living Trust with Provisions for Disability
  • Preview Living Trust with Provisions for Disability
  • Preview Living Trust with Provisions for Disability

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FAQ

A Special Disability Trust (SDT) is a special type of trust that allows parents and immediate family members to plan for current and future needs of a person with severe disability. The trust can pay for reasonable care, accommodation and other discretionary needs of the beneficiary during their lifetime.

Funds held in a properly drafted special needs trust will not affect a Supplemental Security Income (SSI) or Medicaid recipient's benefits. But problems can develop when funds come out of a special needs trust.

The money simply replaces state-funding benefits and services until their fund drops below the excluded capital level, when they go back on to means-tested benefits. A Vulnerable Beneficiary Trust or Disabled Person's Trust can be a way of ringfencing the windfall so that means-tested benefits are not affected.

Disadvantages to SNTCost. Annual fees and a high cost to set up a SNT can make it financially difficult to create a SNT The yearly costs to manage the trust can be high.Lack of independence.Medicaid payback.

The first $20 of income received each month is not counted. In addition, with respect to earned income, the first $65 each month is not counted, and one-half of the earnings over $65 in any given month is not counted.

SSDI is not a needs-based benefit. If you are on that program for two years, you will also qualify for Medicare. Because SSDI is not needs-based, a special needs trust is not necessary to qualify for it.

Unlike SSI, there are no income or asset limits for SSDI eligibility. Instead, to qualify for SSDI, enrollees must have a sufficient work history (generally, 40 quarters) and meet the strict federal disability rules. SSA uses the same rules to determine disability for both the SSI and the SSDI programs.

Assets That Can And Cannot Go Into Revocable TrustsReal estate.Financial accounts.Retirement accounts.Medical savings accounts.Life insurance.Questionable assets.

HOW DOES MONEY FROM A TRUST THAT IS NOT MY RESOURCE AFFECT MY SSI BENEFITS? Money paid directly to you from the trust reduces your SSI benefit. Money paid directly to someone to provide you with food or shelter reduces your SSI benefit but only up to a certain limit.

The SSDI program does not limit the amount of cash, assets, or resources an applicant owns. An SSDI applicant can own two houses, five cars, and have $1,000,000 in the bank. And the SSDI program doesn't have a limit to the amount of unearned income someone can bring in; for instance, dividends from investments.

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Montana Living Trust with Provisions for Disability