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Supplemental Needs Trust for Third Party - Disabled Beneficiary

State:
Multi-State
Control #:
US-03304BG
Format:
Word; 
Rich Text
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Description Supplemental Needs Trust

This form is a trust used to provide supplemental support for a disabled beneficiary without loss of government benefits. It may be revocable or irrevocable, as the funds are contributed by a third party, and not the beneficiary. The Omnibus Budget Reconciliation Act of 1993 established the supplemental needs trusts.

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Supplemental Needs Other Form Names

How To Set Up A Special Needs Trust Account   First Party Supplemental Needs Trust   Special Needs Trust Rules   What Is A Supplemental Needs Trust   Discretionary Supplemental Trust   Special Needs Trust Taxation Rules   Special Needs Trust Taxation  

Supplemental Trust Third Party FAQ

If a third-party SNT is considered a grantor trust, all items of income, deduction and credit are generally taxed to the individual(s) who created and funded the SNT (typically parents or other relatives of the beneficiary with a disability).All items of income, deduction and credit are reported on Form 1041.

A supplemental needs trust is a third party trust when assets other than those assets belonging to the disabled person are used to fund the trust. To keep its status as a third-party trust, no funds belonging to the disabled person nor funds to which the disabled person is entitled should be used to fund the trust.

Since most special needs trusts will be funded with the parents' own assets, including perhaps life insurance proceeds and gifts from other family members, they can be established and treated as qualified disability trusts.

Decide the Amount of Money to Put in the Fund Based on the Level of Care Required. What type of care is required for your loved one? Choose the Best Special Needs Trust Type According to Need. Ensure your Family has a Special Needs Attorney to Protect the Assets.

Supplemental Needs Trusts are often used to receive an inheritance or personal injury litigation proceeds on behalf of an individual with a disability, in order to allow the person to qualify for Medicaid benefits despite their receipt of the settlement.

While a beneficiary may also act as trustee in some types of trusts, a special needs trust beneficiary will almost never be able to act as trustee.Incapacity of a beneficiary may sometimes be important as well.

The term "special needs trust" refers to the purpose of the trust -- to pay for the beneficiary's unique or special needs. In short, the name is focused more on the beneficiary, while the name "supplemental needs trust" addresses the shortfalls of our public benefits programs.

Generally, only a parent, grandparent, legal guardian or court can set up a special needs trust. The person with disabilities, no matter how competent, cannot be the creator of the trust (even if the trust is funded by their personal assets). Funds in the special needs trust may not be available to the beneficiary.

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Supplemental Needs Trust for Third Party - Disabled Beneficiary