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DeCambre Reversed

Posted by: Begley Law Group

By Thomas D. Begley, Jr., CELA Section 8 of the Federal Housing Act of 1937 provides a rental assistance program for low-income families and individuals. HUD pays rental subsidies so eligible families can afford decent, safe and sanitary housing. The programs are generally administered by Public Housing Agencies (PHAs). Generally, the family pays 30% of its adjusted monthly income for rent. Household income must be within the applicable limit established by HUD. The limits are based on family size and locality. Family members must be U.S. citizens or eligible aliens. There are income limits. Income includes Social Security and Disability […]

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Filed under Special Needs Planning, Special Needs Planning, Special Needs Trusts, Special Needs Trusts, Uncategorized.
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Using Self-Settled Special Needs Trusts in Medicaid Planning

Posted by: Begley Law Group

By Thomas D. Begley, Jr., CELA Trusts for disabled individuals who have not reached age 65 and are funded with assets of the disabled person are authorized under OBRA-93.(1)  The trust is for the benefit of disabled persons.  The person much be under 65 at the inception of the trust.  While the trust must be established and funded prior to the beneficiary attaining the age of 65, it may continue after 65.  If the trust is funded with a structured settlement prior to the beneficiary attaining the age of 65, the trust remains viable even though payments from the annuity […]

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Filed under Special Needs Planning, Special Needs Planning, Special Needs Trusts, Special Needs Trusts, Uncategorized.

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Disability Annuity Special Needs Trusts

Posted by: Begley Law Group

By Thomas D. Begley, Jr., CELA One of the trusts used in Medicaid Planning is a Disability Annuity Special Needs Trust (“DASNT”). A previous Straight Word article discussed a Disability Annuity Trust (“DAT”). These trusts are designed so that an individual can establish a trust and transfer assets to the trust for the benefit of a disabled child of any age or a disabled individual under age 65 without incurring a Medicaid transfer of asset penalty. The problem with that trust is that the assets in the trust are considered available for public benefit purposes. Therefore, if  a DAT were […]

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Filed under Blog Special Needs Planning, Special Needs Planning, Special Needs Planning, Special Needs Trusts, Special Needs Trusts, Uncategorized.
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