Questions About Self-Settled SNTs

A month ago, a podcast listener asked us a series of detailed questions about self-settled SNTs (special needs trusts). We tackle the questions in this episode.

Actually, the listener’s questions didn’t specify whether their questions were about self-settled special needs trusts or third-party trusts. And the answers differ quite a bit depending on which trust type is involved.

So in two earlier podcast episodes (here and here), we addressed the questions for third-party SNTs. Those trusts hold a third-party’s money — like an inheritance set up by a parent of grandparent, for instance.

When the money was once directly available to the beneficiary, though, the trust has to be different. This comes up with personal injury settlements, direct inheritances (money left outright to a beneficiary with a disability) or accumulated wealth. It is harder to qualify for Supplemental Security Income and Medicaid benefits, and when a trust is created the options tend to be more restrictive. So we back up and tackle the same questions, about self-settled SNTs.

We do love to hear/read questions from our listeners. Of course, we can’t give individualized legal advice based on those questions. But they often give us an opportunity to explain a key part of the elder law that we practice — and love.

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