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All Special Needs Trusts are Not Created Equal: Buyer Beware!

For those unfamiliar with the complex nature of government benefits and the laws governing special needs trusts (SNTs) it might be assumed that it is a ‘forms practice.’  Nothing could be further from the truth.  Draft the SNT correctly the first time and the benefit is a happy client who maintains eligibility for government benefits…

Florida’s Proposed Medicaid Reform: Stop It In Its Tracks!

There are three bills pending in the Florida Legislature concerning Medicaid reform. Each of them contain flaws and demonstrate that our representatives and the Governor do not understand or appreciate the necessity for an improved health care system or, why families should not be impoverished to provide basic medical care to their loved one. 1.…

Another Interpretation of the Ahlborn Decision Limiting the Medicaid Liability Lien

The Arizona Court of Appeals has ruled that the state Medicaid agency can recover no more than the portion of the Plaintiff’s settlement that represents recovery of Medicaid payment made less costs of litigation. Southwest Fiduciary v. Willingham. The case consolidated two case. Rhonda Lundy was injured in a car accident and her conservator filed suit.…

New Estate Tax Law Passed

The new estate tax exemption, signed into law by President Obama, is $5 million dollars per person. A married couple can pass on wealth of $10 million. The law is retroactive to January 1, 2010. This means that any anyone owning total assets valued under $5 million at death will not incur an estate tax.…

Florida DCA Rules State Law Prohibiting Homosexuals From Adopting Is Unconstitutional

On September 22, 2010 the Third District Court of Appeal in an unprecedented opinion held that Florida Statute 63.042(3) is unconstitutional as the classification does not have a rational relationship to the governmental objective.  That statute states: “No person eligible to adopt under this statute [the Florida Adoption Act] may adopt if that person is a homosexual. …

Special Needs Trusts Can Successfully Protect Child Support Payments For Minor And Adult Children With Disabilities

Imagine this scenario: You successfully obtained a settlement for a couple whose child was severely injured.  You collaborated with an elder law attorney to create a special needs trust to protect the settlement proceeds and preserve the client’s government assistance.  Several years later you get a call from one of the client’s that the couple is divorcing and asking…

Law Office of Stephanie L. Schneider, P.A.