Raising an autistic child can be expensive. Between dr. appointments, therapy sessions, and other programs you may be wondering what benefits are available to help with these costs. The great news is that there are a number of ways that government organizations can help you. [Read more…] about What Government Benefits is my Autistic Child Eligible for in Savannah?
special needs trust
…And How May Seniors or People With Disabilities Benefit from One? [Read more…] about What the Heck is a Pooled Trust?
For families with special needs individuals, ensuring the care for their loved ones once the caretakers are gone is of the utmost priority. The loss of specialized care and Medicaid or SSI benefits is a very real danger if proper special needs planning is not put in place, which is why Savannah special needs lawyers often share the benefits of special needs planning involving Special Needs Trusts. [Read more…] about Savannah Special Needs Lawyer: Basics of a Special Needs Trust
In order to ensure proper use of funds, Savannah special needs planning lawyers help their clients choose a trustee. This person is put in charge of the special needs trust, and instead of providing money directly to the beneficiary (the child with special needs), the trustee will usually pay directly from the trust to service providers, housing officials, etc. Some trusts are set up with the parents and the special needs planning lawyer in a way that provides payment to the trustee for taking on these responsibilities.
Sometimes, there is no mention of a fee in the trust paperwork, but the trustee is still entitled to payment, if desired. There are several factors that should go into determining an suitable fee, whether it is stipulated in advance by those creating the trust or it is later determined that one is needed. The complexity of the trust is certainly one of those considerations. If there are numerous investments that need to be managed, for example, it would be appropriate to pay the trustee for the time and expertise involved.
The types of services the trustee provides also play into determining the fee. More complex tasks, like the investment management mentioned above, would likely be paid at a higher rate than less complicated ones, such as paying monthly bills. The trustee would be responsible for tracking his or her time, along with the service, in order to determine a fair fee.
Occasionally, a trustee will pay for a good or service from personal money. When that happens, the trustee can expect to be reimbursed out of the special needs trust by providing a receipt for money spent on the beneficiary’s behalf. This type of payment is separate from the trustee’s fee and would not be treated the same. That’s because the trustee’s fee is taxed as income. On the trust’s end of things, the fee is a tax deduction.
Special needs planning lawyers in Savannah are continually looking for the best ways to serve their clients and provide for the future. Having a trustee in place is one method to ensure that funds are being used appropriately, and paying that trustee can be one way to ensure the job gets done right.
Does my trust require a separate income tax return?
The answer, as is true of so many of the questions we get, is – it depends. It depends on what type of trust you have.
A revocable living trust is what’s known, under the Internal Revenue Code, as a grantor trust. Your revocable living trust (also known as an RLT) uses your Social Security number (or either spouse’s Social Security number, in the case of a joint RLT for a married couple). All income, gains, losses, depreciation, etc. pass straight through to you (or you and your spouse). Therefore, there is no need to file a separate income tax return for your revocable living trust. [Read more…] about Ask a Trust Attorney: Does My Trust Require a Separate Income Tax Return?