Sheri R. Abrams's Blog, page 11

Third-Party vs. First-Party (Self-Settled) Special Needs Trusts

Special Needs Trusts allow individuals with disabilities to qualify for needs-based government programs while maintaining access to additional assets which can be used to pay for expenses that are not covered by those programs. Special Needs Trusts generally fall into one of two categories: first-party (self-settled) or third-party.  A first-party (Self-settled) Special Needs Trust is funded with the disabled person’s own assets such as an inheritance or a personal injury settlement. A third...

The Most Critical Decision You Will Make When Creating Your Child’s Special Needs Trust

There are many very important decisions to make when creating your child’s Special Needs Trust. But, the most important decision will be picking the person(s) who will be in charge of managing the trust. This person is known as the “trustee” and he or she has the biggest impact on whether or not the instructions in the Special Needs Trust are carried out after you pass away. Selecting the wrong person can have serious consequences for your disabled loved one.

The best person to act as trustee...

Four Things You Should Know About A Special Needs Trust

Planning for the future of a child with special needs can be overwhelming. There are so many details to consider. Planning ahead to secure their lifestyle and health-related needs requires a lot of time and energy. Even the idea of how much money to leave them is challenging because you could inadvertently put their access to government benefits at risk.

It is recommended that you work with a lawyer who fully understands the intricacies of this area of law, as it will give you the peace of mi...

Arlington Virginia Social Security Office to Close

Arlington Virginia Social Security Office to Close

I was just informed that the Social Security office in Arlington, Virginia is closing on June 21, 2018.

This office, which is located at 1401 Wilson Blvd., Suite 200, Arlington, VA 22209, serves 25,000 people annually.

Normally local Social Security offices are only closed if there is a reduction (or shift) in population.

However, in the case of Arlington County, its population went up by 13% between 2010 and 2017.

See press release by the Na...

Things Change: When Should Your Special Needs Trust Be Reviewed

When Should Your Special Needs Trust Be Reviewed with a Virginia Special Needs Planning Attorney?

Nothing lasts forever. That smiling baby becomes a child, who becomes a teenager (horrible), who becomes an adult. You change too. You won’t always be there for your child with special needs. You may have already created a Special Needs Trust (SNT) to set aside money for this inevitable possibly and make transitions as easy as possible for your child.  But, the creation of your Special Needs Trus...

Shocking! Very Few Parents Have Planned Ahead to Protect Their Child with Disabilities

Planning for your Child with Disabilities

I read something recently that I found shocking. A study set to be published next month in the Journal of Intellectual and Developmental Disabilities reports that only 3.6% of parents surveyed who have children with intellectual and developmental disabilities have established legal guardianship, done Estate Planning (such as a Special Needs Trust) or have a plan for housing for their child in the event the child outlives them.

Thanks to improvements i...

Military Retirees Have More Options When Planning for a Child with Special Needs

Military families who are planning for a child with special needs have historically faced a number of difficulties when planning for their future financial stability.   Previously, military families faced the challenge of being unable to assign survivor benefits to their child with special needs because the payments could potentially affect their eligibility for government benefits such as Medicaid or Supplemental Security Income (SSI).

Fortunately, changes made in 2014 under the Disabled Mil...

Military Families Have More Options When Planning for a Child with Special Needs

[image error]Military families who have kids with special needs have historically faced a number of difficulties when planning for their future financial stability.   Previously, military families faced the challenge of being unable to assign survivor benefits to their child with special needs because the payments could potentially affect their eligibility for government benefits such as Medicaid or Supplemental Security Income (SSI).

Fortunately, changes made in 2014 under the Disabled Military Child Pro...

After the Lawsuit: Planning for a Child Disabled Because of Medical Malpractice or Personal Injury

It’s devastating when you have a child disabled because of medical malpractice or personal injury, and many families seek to recover from those whose negligence harmed their child. Lawsuits can take years, and take an emotional and psychological toll on the families involved. Should the family prevail, getting a verdict in their favor can be a godsend that allows them to recover from financial difficulties due to the child’s medical needs. However, even after a settlement or verdict, there is...

What Happens If My Adult Disabled Child’s Guardian Quits?

As a Virginia guardianship lawyer, I can tell you that being a guardian of an incapacitated adult is a lot of work. It is the guardian’s job to make sure that the needs of an individual with disabilities are met. These responsibilities can include everything from making sure the individual has a safe place to live, to making sure they have access to proper medical care.  It can also include overseeing issues pertaining to quality of life, such as enrolling the individual in fun or stimulating...