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Recent Blog Posts

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What Are the Responsibilities of a Trustee of a Special Needs Trust?

By Shalloway & Shalloway |

A special needs trust can be an invaluable legal tool for parents of adults with special needs. A special needs trust allows a party to provide financial support to an individual with special needs without affecting the beneficiary’s eligibility for needs-based governmental programs such as Medicaid or Social Security benefits. Like other trusts, special… Read More »

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Essential Characteristics of a Special Needs Trust

By Shalloway & Shalloway |

Special needs trusts (SNTs) are trusts designed to allow beneficiaries to receive supplemental benefits without affecting eligibility for Medicaid, Supplemental Security Income (SSI), and other needs-based programs. In order to qualify as SNTs–meaning the disbursements from the trust will not be counted as income and the assets in the trust will not count as… Read More »

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What Are the Advantages and Disadvantages of a Special Needs Trust?

By Shalloway & Shalloway |

Special needs trusts (SNTs) can be extremely useful tools to provide supplemental income to an individual who needs special care but lacks the funds to pay for it. With proper utilization of an SNT, an individual can receive disbursements from the trust without affecting their eligibility for Supplemental Security Income (SSI), Medicaid, and other… Read More »

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What Can a Special Needs Trust Be Used and Not Used to Pay For

By Shalloway & Shalloway |

Governmental programs such as Medicare and Supplemental Security Income (SSI) provide necessary assistance to individuals who need care but lack the funds. Those programs help a person with disabilities afford many of the basic necessities of life, including housing and medical care. However, if a person earns too much income, or is gifted too… Read More »

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Strategies to Protect Your Assets From Medicaid

By Shalloway & Shalloway |

Medicaid is an essential element for many people to afford long-term care. Long-term care is extremely expensive, and unless you are already wealthy or have a long-term care insurance policy in place, you may need assistance paying for nursing or retirement home care. Medicaid is a needs-based governmental program that covers the costs of… Read More »

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Types of Guardianship in Florida

By Shalloway & Shalloway |

A guardian is a surrogate decision-maker appointed by the court to make legal, medical, and/or financial decisions on behalf of another person. For example, a guardian may be appointed to care for a minor whose parents are deceased or otherwise unavailable. A guardian may also be appointed for an adult who cannot make their… Read More »

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What are the Different Kinds of Trusts in Florida?

By Shalloway & Shalloway |

Trusts come in many different forms. Different types of trusts are useful for accomplishing different goals. Some are better suited for protecting your assets from probate and estate taxes, some help to ensure you are financially protected during your elderly years, and others are useful in providing for loved ones while you are still… Read More »

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Reasons to Create a Special Needs Trust Before Child Turns 18

By Shalloway & Shalloway |

One of the most important things you can do for your children is to establish a living trust in their name. And much like a will, it’s recommended to establish a trust as early on in their life as possible. While trusts may sound like an aspect of life reserved for the super-wealthy, they… Read More »

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How Are Trustees of Special Needs Trusts Compensated?

By Shalloway & Shalloway |

Serving as trustee to a trust, especially a special needs trust, is no small undertaking. It can be a time-consuming and complex endeavor. Moreover, administering a trust properly requires adhering to a number of regulations as well as to the guidance of the trust documents, carrying potential liability for any missteps. For that reason,… Read More »

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What is a First Party Special Needs Trust and When is it Useful?

By Shalloway & Shalloway |

Special needs trusts can be an invaluable tool for elder and estate planning. A special needs trust allows you to set up a loved one with income without affecting their eligibility for needs-based governmental programs like Medicare and Medicaid. Most of the time, when you hear about a special needs trust, you are actually… Read More »

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