Should We Set-up an ABLE Account, a Special Needs Trust or Both?

Special Needs Trust Attorney in Ohio

If you have a child with disabilities, it is crucial to set money aside for the child’s future. At the same time, you need to consider your child’s access to public benefit programs such as Medicaid and Supplemental Security Income (SSI), Read More …

What Are a Special Needs Trustee’s Record-Keeping Duties?

Special Needs Trust Paperwork and File Keeping

One of the most important roles in a special needs plan is that of trustee, the person who administers a special needs trust (SNT). Of a trustee’s many responsibilities, record-keeping is perhaps the most crucial. Because the trustee is managing accounts on behalf Read More …

In 2022, Social Security Disability Recipients Will See the Biggest Increase in Four Decades

The year was 1983: The U.S. invaded Grenada. A gallon of gas cost 96 cents. Michael Jackson’s “Thriller” video premiered. That year was also the last time that recipients of Social Security disability benefits saw a cost-of-living increase steeper than the Read More …

New Advice: Consider Leaving an IRA to a Special Needs Trust.

Special Needs Trust Beneficiary of IRA

The SECURE Act, passed at the end of 2019, changed a number of rules regarding inherited IRAs, making it more difficult for most beneficiaries to save on taxes by “stretching” distributions over many years. (Read our post, SECURE Act Increases Tax Read More …

Bill Reintroduced to Greatly Expand Eligibility for ABLE Accounts

ABLE account no longer disabled

More than six million people whose disabilities arose later in life will be able to open ABLE savings accounts if a bill just reintroduced in Congress, the ABLE Age Adjustment Act, becomes law. In 2014, Congress passed the Achieving a Better Life Experience (ABLE) Read More …

ABLE Account Could be a Great Place for Your $1,400 Stimulus Payment

ABLE Account for your Stimulus Check

President Biden has signed the $1.9 trillion American Rescue Plan into law. Among its benefits are $1,400 checks that are already landing in the bank accounts or mailboxes of most Americans to help them weather the economic downturn caused by Read More …

Theft from Special Needs Trust. Consider Using a Professional Trustee.

Special Needs Trust Attorney Keeps Theft from Happening

A New Jersey man has been charged with stealing $330,000 from the special needs trust (SNT) of a man living in a long-term care facility.  The case highlights the importance of having a professional trustee manage a special needs trust. Read More …

What Can Go Wrong with Do-it-Yourself Estate Planning?

DIY Estate Planning Documents

Many websites offer customized, do-it-yourself wills and other estate planning documents.  Although such products are convenient, using them could create serious and expensive legal problems for heirs. These digital services appear to offer a cost-effective and easy alternative to visiting an Read More …

How to Create an Estate Plan to Benefit a Child with Special Needs

Special Needs Planning Attorney

People not familiar with children with special needs often find it surprising when we explain our areas of expertise are estate planning, long term care planning, elder law and special needs planning.  They usually haven’t considered that children with disabilities Read More …

Estate Planning 101 in N. Ridgeville. Free Estate Planning Seminar to Help You Avoid Common Mistakes

Estate Planning Events Classes

Register now for our free event with the Lorain Public Library System at the North Ridgeville Branch on Bainbridge. Estate Planning Events and Seminars At Joseph L. Motta Co., we genuinely enjoy sharing our expertise and knowledge in the areas Read More …

Tips for Passing Retirement Benefits to a Child with Special Needs

Estate Planning

Many parents have their retirement savings socked away in 401(k)s and IRAs. So that your beneficiaries do not have to pay taxes on the funds prematurely, it’s important to properly structure the beneficiary designations for these accounts. Unfortunately when a Read More …