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Life and Estate Planning for Families With Special Needs

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

301- 656 - 1755

Matthew.Bogin@boginlaw.com

Introduction

Matthew.Bogin@boginlaw.com

What we will cover

Why it is important

Things to Know

• SSI • SSDI• MEDICAID• MEDICARE

The Importance of Estate Planning

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Six Reasons to Plan Your Estate

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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.

Estate Planning Steps

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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

Wills

What is a will?

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Ensure Compliance with state law

How is a Will Created?

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• Do not forget to comply with all formalities

What Assets Does a Will Cover?

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Issues with life insurance Issues with retirement plan assets

What Happens if a Person Dies Without a Will?

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Why intestate succession is a problem

Letters of Intent

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• While not “legally binding” they are extremely important

Trusts

What is a trust?

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Compliance with state law

How is a Trust Created?

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Revocable Versus Irrevocable?

Special Needs Trust

• Trusts Created and Funded by Someone Else

• Trusts Funded with Funds Belonging to a Person with a Disability

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Third Party Trusts

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• The preferred vehicle

First Party Trusts

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• Remember whose funds and do not co-mingle

How Much Money?

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When should trusts be funded How should trusts be funded

Who Should Be the Trustee? Individuals vs. Corporate Trustees

Guardianship

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Guardian of the Person

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Guardian of the Property

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What is the Process?

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FAMILY LAW ISSUES

• Why are these important?

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Surrogate Decision Making

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Durable Powers of Attorney

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Long Term Care

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Why is it important for parents

Estate Planning for Families With Special Needs

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

301- 656 - 1755

Matthew.Bogin@boginlaw.com

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