Navigating life as an adult with disabilities or as a caregiver for someone with special needs can be complex and overwhelming. From understanding legal rights to accessing essential services and resources, there are numerous challenges to overcome. The Special Needs Alliance recently published a handbook full of knowledge and guidance to help individuals and families confidently navigate the journey and advocate effectively for themselves or their loved ones. What to Know About Being an Adult with Disabilities – SNA (specialneedsalliance.org) Of course, not all circumstances are the same for ..read more

  Jeannie is our firm’s probate paralegal since 2002. Jeannie’s practice areas include estate and trust administration, as well as guardianship and conservatorships. In her role, Jeannie skillfully guides clients through the estate administration process and provides invaluable assistance to attorneys in court filings and hearing preparation. If there is a question about the Maine Probate Code, Jeannie is our go-to.   We asked Jeannie to answer these five questions to share her valuable insight with our readers:  What does a probate paralegal do?  In our office I am fort ..read more

A transfer on death (TOD) deed is a legal document that allows a property owner to designate a specific person or entity as the beneficiary who will automatically inherit the property upon the owner’s death, without the need for probate. The deed conveys the property to the designated beneficiary, subject to any outstanding mortgages or liens, when the property owner passes away. Here are some key points to understand about TOD deeds: Avoiding Probate: One of the primary advantages of a TOD deed is that it allows for the transfer of real property outside of the probate process. This can save ..read more

MaineCare, the Medicaid program in the state of Maine, imposes a transfer penalty as part of its eligibility rules for long-term care benefits (nursing home care, residential care/assisted living, and in-home care through the Home and Community Based Services waiver). In this article, we’ll take an in-depth look at what the transfer penalty is, how it works, and what it means for those seeking long-term care assistance. What is the Transfer Penalty? The transfer penalty is a period of ineligibility for MaineCare benefits that is triggered when an individual applies for MaineCare long-term care ..read more

This is a frequently asked question in our office, but it is rare for us to recommend adding others as joint owners on real estate. Adding a child or other individual as a joint owner to real estate is a big decision and the consequences should be considered carefully. Oftentimes, the downsides outweigh the benefits. However, under some very specific circumstances, adding a joint owner may make sense for some families. Throughout this article, when using the term joint owner, we mean individuals who own the property as joint tenants and not as tenants-in-common. Joint tenancy means there is a ..read more

This post was authored by SNA member Beth C. Manes, Esq., Co-Founder and Partner at Manes & Weinberg Special Needs Lawyers, LLC. in Westfield, NJ, and Denise Gackenheimer Verzella, a Senior Associate with her firm. An SNA member since 2022, Beth focuses her practice on the areas of Special Education Law, Special Needs Planning, Guardianships and Estate Planning.   Every parent experiences some anxiety as they prepare to send their child to college, but for parents of children with disabilities, those anxious feelings can grow exponentially. Most young adults ..read more

This issue of The Voice® is by SNA member Rebecca Kueny of Kueny Law LLC. Located in Salem, Oregon, her firm covers the entire state of Oregon and focuses on special needs planning, disability benefits, estate planning, long-term care planning, and more.   Special needs trusts (SNTs) provide a plethora of benefits for beneficiaries requiring care and assistance programs. Yet, with one of the possible disqualifying distributions being care and medical assistance, there is a gray area in some jurisdictions about what the SNT can provide. In some jurisdictions, an SNT can pay ..read more

To qualify for the Maine Medicaid (MaineCare) long-term care benefit, an applicant must have less than $10,000. Certain assets, like the primary residence, do not count towards this asset limit, but those assets are not protected from estate recovery. Estate recovery is when the State of Maine seeks reimbursement from the MaineCare recipient’s estate after death. Asset protection strategies often involve gifting assets away to qualify for MaineCare and avoid estate recovery. However, if a MaineCare applicant has made gifts within five years, and if no exceptions apply, there will be a period o ..read more

The Special Needs Alliance (SNA), a national organization comprised of attorneys committed to the practice of disability and public benefits law, is proud to have advocated for and supported the recent passing of the Special Needs Trust (SNT) Improvement Act of 2022. “We are thrilled that the Special Needs Trust Improvement Act was signed into law as a part of the recently passed 1653-page Consolidated Appropriations Act, 2023 (a.k.a. Section 337 of Secure 2.0),” said SNA Board President James A. Caffry, Esq. “We are excited to announce that with the passing of this law, there shoul ..read more

Each new year means new financial limits and thresholds related to estate planning, long-term care planning, and special needs planning. Below are some of the most important numbers for 2023. As always, we are here to help you and your loved ones plan for protection and peace of mind. Estate and Gift Tax Estate tax applies to very few people. The federal gift tax and estate tax combined lifetime exclusion amount for an individual is $12.92 million in 2023. The Maine estate tax threshold is $6.41 million for an individual. The annual federal gift tax exclusion amount is $17,000 in 2023. The ann ..read more