Special Needs News
September 2021 Edition
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Leaving an IRA to a Special Needs Trust Is No Longer Such a Bad Idea
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An exception to the SECURE Act's otherwise stringent rules about distributions from inherited IRAs potentially changes longstanding advice about leaving retirement funds to a special needs trust.
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Never Say Never: Navigating the Appeals Process if You’ve Been Denied Social Security Disability Benefits
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The appeals process after being denied Social Security disabilities benefits is a long and winding road, but worth navigating. Here’s what is involved, at every level.
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Pandemic Payments Now Won’t Affect SSI Benefits or Eligibility at All
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Pandemic-related financial assistance will no longer affect an individual’s eligibility for Supplemental Security Income (SSI) or the benefit amount, the Social Security Administration (SSA) has announced.
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Bill Introduced — Again — to Bring the Supplemental Security Income Program into the 21st Century
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The Supplemental Security Income Restoration Act would raise payments to the federal poverty level and adjust income and asset constraints that are denying benefits to legions of people with disabilities and low-income senior citizens.
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Learn About Our Areas of PRACTICE
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Whether engaging in estate planning to secure a future for yourself and your family, or for a family member with special needs, the Feldman Law Group has you covered. We’re also here for you to help with elder law, conservatorship, probate and real estate matters.
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I am very pleased to be hosting a new Webinar with the Down Syndrome Connection of the Bay Area on November 6th that will address in greater detail the issues that I try to raise with the articles in my newsletters. It’s called “Rethinking Your Estate Plan – New Strategies for New Laws”.
The SECURE Act has changed the way inherited IRA accounts are treated and for some families that may change how we think about our estate planning when considering a child with special needs.
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Prop 19 also presents new challenges for property taxes on inherited real estate. And looming farther on the horizon is new legislation to lower the estate tax from $23.4m per couple (which almost none of us even have – darn it!) down to perhaps as low as $5m.
These changes and potential changes reinforce what I am always telling families: you need to have your estate plans reviewed every 3-4 years or so. Not only are laws constantly changing, so are the people in our lives who we choose to be our successor trustees, etc…It is important that the people we trust for these important roles are still available and qualified in case of a sudden emergency when they will be called upon to act.
On the brighter side, we are about to head into Fall. Hopefully we can enjoy some cooler temperatures and be able to gather safely to enjoy our family and friends.
Stay safe and healthy,
Aaron Feldman
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DISCLAIMER
The information and materials in this newsletter are provided for general informational purposes only, and are not intended to be legal advice. We attempt to provide quality information, but the law changes frequently, and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance. An attorney and client relationship should not be implied. Nothing on this Web site is intended to substitute for the advice of an attorney; therefore, if you require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.
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