life and estate planning for families with special needs

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Life and Estate Planning for Families With Special Needs Matthew Bogin, Esq. 5454 Wisconsin Avenue Chevy Chase, MD 20815 301- 656 - 1755 Matthew.Bogin@boginla w.com

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Life and Estate Planning for Families With Special Needs. Matthew Bogin, Esq. 5454 Wisconsin Avenue Chevy Chase, MD 20815 301- 656 - 1755. [email protected]. Introduction. What we will cover Why it is important. [email protected]. Things to Know. SSI SSDI - PowerPoint PPT Presentation

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Page 1: Life  and  Estate  Planning for Families With Special Needs

Life and Estate Planning for Families With Special Needs

Matthew Bogin, Esq.5454 Wisconsin AvenueChevy Chase, MD 20815

301- 656 - 1755

[email protected]

Page 2: Life  and  Estate  Planning for Families With Special Needs

Introduction

[email protected]

What we will cover

Why it is important

Page 3: Life  and  Estate  Planning for Families With Special Needs

Things to Know

• SSI • SSDI• MEDICAID• MEDICARE

Page 4: Life  and  Estate  Planning for Families With Special Needs

The Importance of Estate Planning

[email protected]

Page 5: Life  and  Estate  Planning for Families With Special Needs

Six Reasons to Plan Your Estate

[email protected]

With a Plan Without a Plan

1 You decide who receives shares of your assets.

State laws determine who inherits your assets.

2 You decide how and when your beneficiaries will receive their inheritance.

The terms and timing are set by law. Your children could be left control of the estate.

3 You decide who will manage your estate.

The court appoints admin’s to manage your estate.

4 You can reduce estate taxes and admin expenses.

Costs can be more, due to required expenses and taxes.

5 You select a guardian for your children.

The court appoints a guardian for your children.

6 You can provide for the orderly continuance or sale of a family business.

Financial loss and family hardships may result from ultimately forced sale.

Page 6: Life  and  Estate  Planning for Families With Special Needs

Estate Planning Steps

[email protected]

Every Estate Plan should include ten basic steps. Check off each step when completed.

Family Information

Financial Information

Goal Setting

Legal and Tax Analysis

Plan Recommendations

Prepare Documents

Review Documents

Execute Documents

Implement Plan

Completed Plan

Page 7: Life  and  Estate  Planning for Families With Special Needs

Wills

What is a will?

[email protected]

Ensure Compliance with state law

Page 8: Life  and  Estate  Planning for Families With Special Needs

How is a Will Created?

[email protected]

• Do not forget to comply with all formalities

Page 9: Life  and  Estate  Planning for Families With Special Needs

What Assets Does a Will Cover?

[email protected]

Issues with life insurance Issues with retirement plan assets

Page 10: Life  and  Estate  Planning for Families With Special Needs

What Happens if a Person Dies Without a Will?

[email protected]

Why intestate succession is a problem

Page 11: Life  and  Estate  Planning for Families With Special Needs

Letters of Intent

[email protected]

• While not “legally binding” they are extremely important

Page 12: Life  and  Estate  Planning for Families With Special Needs

Trusts

What is a trust?

[email protected]

Compliance with state law

Page 13: Life  and  Estate  Planning for Families With Special Needs

How is a Trust Created?

[email protected]

Page 14: Life  and  Estate  Planning for Families With Special Needs

Revocable Versus Irrevocable?

Page 15: Life  and  Estate  Planning for Families With Special Needs

Special Needs Trust

• Trusts Created and Funded by Someone Else• Trusts Funded with Funds Belonging to a

Person with a Disability

[email protected]

Page 16: Life  and  Estate  Planning for Families With Special Needs

Third Party Trusts

[email protected]

• The preferred vehicle

Page 17: Life  and  Estate  Planning for Families With Special Needs

First Party Trusts

[email protected]

• Remember whose funds and do not co-mingle

Page 18: Life  and  Estate  Planning for Families With Special Needs

How Much Money?

[email protected]

When should trusts be funded How should trusts be funded

Page 19: Life  and  Estate  Planning for Families With Special Needs

Who Should Be the Trustee? Individuals vs. Corporate Trustees

Page 20: Life  and  Estate  Planning for Families With Special Needs

Guardianship

[email protected]

Page 21: Life  and  Estate  Planning for Families With Special Needs

Guardian of the Person

[email protected]

Page 22: Life  and  Estate  Planning for Families With Special Needs

Guardian of the Property

[email protected]

Page 23: Life  and  Estate  Planning for Families With Special Needs

What is the Process?

[email protected]

Page 24: Life  and  Estate  Planning for Families With Special Needs

FAMILY LAW ISSUES

• Why are these important?

[email protected]

Page 25: Life  and  Estate  Planning for Families With Special Needs

Surrogate Decision Making

[email protected]

Page 26: Life  and  Estate  Planning for Families With Special Needs

Durable Powers of Attorney

[email protected]

Page 27: Life  and  Estate  Planning for Families With Special Needs

Long Term Care

[email protected]

Why is it important for parents

Page 28: Life  and  Estate  Planning for Families With Special Needs

Estate Planning for Families With Special Needs

Matthew Bogin, Esq.5454 Wisconsin AvenueChevy Chase, MD 20815

301- 656 - 1755

[email protected]