How To Set Up a Special Needs Trust in California | STEP-BY-STEP GUIDE

[@ellencookman-EstatePlanningSNT]

Want to learn more about how to set up Special Needs Trust? Watch my Special Needs Planning Webinar here👇👇 vimeo.com/575553727/4951c1dea8

[@frostymartin7921]

Hello, I am trying to determine the best route for myself. I am an adult; I have been on SSI for approximately 4 years, and I am just recently realizing that what Social Security tells me I can do is very biased and incomplete information. I do not know if either of these is right for me or if there are other options. I have a goal of getting off SSI and am looking to learn how I can prepare for my future without losing my currant, much needed income. I reside in Northern California in a small town. I am not finding anyone that has the knowledge to help me with this, in this area. Can you help me with this?

[@ellencookman-EstatePlanningSNT]

@@frostymartin7921 Thanks for your message! Please feel free to reach out to our office, and we can see if we can help, or if we have someone we can refer you to.

[@ellencookman-EstatePlanningSNT]

You can email us at [e-mail] or call us at [phone].

[@jillr759]

If your not watching these videos your really missing out. We hired Ellen to do our SNT now will be changing from a bank to a private fiduciary. Be sure you have time to devote and understand the trust. It’s so important.

[@ellencookman-EstatePlanningSNT]

@@jillr759 Thank you for your kind words! I appreciate your time and support. We love working with you and your family.

[@kathrynemeyer87220]

Thank you very very helpful this is what I needed before I hired a attorney that cost almost $600 an hour and nothing has been accomplished I got more out of your video than I did from him after three appointments

[@ellencookman-EstatePlanningSNT]

I'm so glad to be of help! Thanks for taking the time to share this feedback.

[@hollyholland2240]

Thank you for explaining a complex topic that is so important. It is so hard dealing with the day to day of your child's disability. It is essential to know that you can help them after your death with any money you can leave them to live their lives or at least help them live a little better than than very small amount SSI provides. I wish we knew that you should get documentation or apply for disability before they turn 22. We hoped that it wouldn't be long term disability so didn't bother doing that until he was 29. SSDI would have been such a huge help.

[@breezee_g]

This has helped some. However, every atty I have spoken with has given me a different answer. Im so conf8sed abd in a rime ceunch at 62.

[@JetScreamer_YT]

Love that you play the Second Gen stuff. I just subbed on twitch. I'll catch ya live!!

[@galemiller7422]

This is so confusing I am on SSI I'm 65 years old my mom wants to leave me a house and money and I am trying to figure out how to protect myself is there anyway you can break this down?

[@ellencookman-EstatePlanningSNT]

Thanks for your message. I would typically advise that you set up a 1st party SNT to receive your inheritance, but unfortunately you’ve just aged out of that, since you turned 65 and a 1st party SNT can only be funded by someone under age 65. So you would likely need to use a pooled trust. If you’re in CA, here are some good pooled trusts: CPT Institute, Golden State Pooled Trust, and Secured Alliance. Good luck!

[@AlexShantyOldLawModel]

@@ellencookman-EstatePlanningSNTAre the Estate Planners and Lying Lucy and Larry Legacy Lawyers calling a provision a Trust? Ancestor client elder grantor grandparents want the Traditional Law Model Interdiction Trust. The one size fits Standard Operation Provisions super complex arbiter validation witness monitored and mentored NICER Crime Interdiction Provision Interdiction Trust with 1 to 8 Party Crime Interdiction Permission Ledger with SNT to RLT provisions.

[@ILMG1G5u5]

This would be my first year having to do a return for my sister's money. It is stated that her portion is a special needs trust. I am the trustee. I have spent for her around 15000. I put all the funds in a money market account for interest, that has generated around 6,000, in interest. My question is, if I do form 1041, The trust is named after my parents last name, and does not say on the title special needs, but just before my mother passed a year ago, she amended the trust for that special needs provision. She is on SSI and Medicaid. Should I fill out a different tax form or the 1041? Where would I mention the special needs portion, on that form? Lastly how do I "1099" her the amount spent on her behalf, for her needs? Thank you so much, you really have a wonderful way of explaining things.

[@trinitynguyen7663]

Thank you for sharing the information!

[@kaik4173]

So i am on SSI and my mom wants to do a 3rd special needs trust but i don't trust my sisters to give me any money. I have depression and ptsd with a few others but I'm able to manage my money. On ssi i am my own beneficiary. So i take care of my own money. If my mom makes one of my sisters it, can they spend my inheritance? Or not give me any money on a power trip?

[@kaik4173]

Also are you near Newport Beach Ca? Thats where my mom lives was hoping to have her go to you as our lawyer.

[@ellencookman-EstatePlanningSNT]

Thanks for your questions! We’d be happy to help your mom; we’re located in Palo Alto CA but can meet with clients all over CA via Zoom. Your mom might want to name a professional as successor trustee as opposed to your siblings; I have 3 videos that talk about this: Who Should You Select as a Successor Trustee? kzbin.info/www/bejne/oX-5pXStoc97qdE Trustees vs Trust Protectors kzbin.info/www/bejne/m4STaniJipial6M Estate Plans for Children of Differing Abilities kzbin.info/www/bejne/jnvHY597bq5_a68

[@starlacroix]

"When You die, and the trust is funded, you need to report it to SSA , HSA in CA." Could you please explain who you're referring to? Reports ? Is this only when it's not a stand alone Trust?? Thanks 🙏

[@hero108zero3]

@@starlacroix I 3rd party SNT need not be reported to SSA. Any 1st party (aka self settled trusts) SNT when funded must be reported to SSA if a person is receiving SSI.

[@Loni-sx7fu]

😊​@@hero108zero3

[@marcbingaman3839]

What happens if your grandmother has a will that doesn't specify in their will that the money for our daughter who is special needs will go to her special needs trust? Can you just have the money directed to her special needs trust when allocated from the will or will it have to specifically say that in the will?

[@ellencookman-EstatePlanningSNT]

Marc, thanks for your question. The answer really depends on which state is involved. If in California, we can usually create a 1st party SNT to receive an inheritance. If a 3rd party SNT isn’t specified by the will, it usually won’t be directed to that SNT. But again, it really depends on the specific circumstances.

[@wendya811]

I am the beneficiary of a 3rd party special needs trust, which states personal and workers comp awards may be contributed, as well as other sources, if written to the trust. I was recenttly told by a different estste planner that this is not legal. Im in California, dissbled on SSDI, turning 65 in late March and about to be awsrded a 2nd Workers Comp award. Can i have this money issued to my 3rd party trust, since it is worded to allow it?

[@ellencookman-EstatePlanningSNT]

The estate planner might have been referring to a Medicare Set-Aside Trust for Workers Compensation. Here’s a link that describes this more: www.cms.gov/medicare/coordination-benefits-recovery/workers-comp-set-aside-arrangements

[@davidshipman7422]

Great videos you've put out. However, there is one thing I am unclear on. I need SNT for an adult child and I am more asset rich and cash poor, so my plan is for my home to be sold and the funds used to fund the SNT. Presently my assets are in a Revokable Living Trust. Do I put language in my present trust to create a SMT upon my passing or should it be set up beforehand even though I don't have the money to fund it now?

[@ellencookman-EstatePlanningSNT]

Hello David! Thank you so much for watching our videos. The answer to this requires quite a bit of explaining. Would you mind emailing us at [e-mail] We can answer this question, as well as any other questions you may have.

[@rebeccabannister5304]

I have same question

[@AlexShantyOldLawModel]

@@ellencookman-EstatePlanningSNTare they not the same Trust with RLT and SNT provision to consolidate all our needs into one Traditional Law Model forgery proof certified Arbiter validation interdiction Trust NICER Crime Interdiction Administration?

[@deboraflavetta1635]

I also have most of my assets are my home and some cash to make up a million in the special needs trust to fund it after I pass But I don’t know if this is enough my daughter is 46 and I’m 63 how do I know how much is enough for the rest of her life

[@mikethomas3219]

How does it Work if you Don't Trust the family Member, This family member tried to take me to Probate Cort already for limited conservatorship

[@ellencookman-EstatePlanningSNT]

If someone is setting up a 3rd party SNT for you, they get to choose who will be managing that trust for your benefit. I usually recommend talking with the person creating the SNT and seeing if you can get them to name someone else as trustee, like a private professional fiduciary.

[@FF-fd4tm]

Thank you so much for this! My two disabled children just received child support from their dad. They both receive ssi. I would like to put the child support income in a special needs trust. How can I do that? Thank you.

[@Usa17776]

You should be able to get a court order to irrevocably assign the child support income into a 1st party SNT for each child. We have a video on special needs planning during a divorce where we discuss this

[@ambujsinghtha]

so nice mam

[@michellelithgow7881]

Hello Ms Cookman, I was trying to access your Special Needs Planning Webinar, but when I clicked on the link, I just see a screen that states: "This page isn't live yet (.) If you are the owner of this domain you need to publish your site before you will see it here." I was wondering if you or your tech helpers may know what this means, and whether you were aware that this message is coming up? And if there might be an easy resolution to it , so we can access the webinar? TIA. Your other videos have been really helpful. Thank you.

[@ellencookman-EstatePlanningSNT]

Thanks for letting me know! We'll look into this. For now, please view this link and see the Special Needs Planning webinar as the first video linked on this page as you scroll towards the middle of the page. cookmanlaw.com/estate-planning-webinar/

[@AnthonyGreene-s8s]

Hi Ellen, Thank you for the video. I have a special need child and have not set up any trusts. Does it mean it is better to postpone buying a property until a trust is set up or it is ok to buy now then transfer it to the trust? Will that incur expensive costs like taxes, etc? What kind of trust should own the property? Thank you.

[@ellencookman-EstatePlanningSNT]

You can do this in any order - buy the house first then set up a revocable trust, or set up your trust first and then buy the house, or do both at once! You most likely would want a revocable trust to avoid probate, and then you can specify in your revocable trust that upon your death, the house goes to your child’s SNT

[@whyisthat888]

How much do you charge to set up SNT? Thanks

[@ellencookman-EstatePlanningSNT]

It really depends on what needs to be done. Feel free to reach out to our office and we can ask more questions and give you a quote.

[@elmeracalas7633]

Do you make for Texas resident or you have a branch

[@anhhuynh999]

My name is Annie, It's great video you put it out?. I live in Nevada. Do I need to have Special Needs Trust done in mine state and do you know any state planning lawyer here you would recomment? Appreciated

[@ellencookman-EstatePlanningSNT]

Annie, thank you for your kind words! I’m a member of Academy of Special Needs Planners, which has special needs attorneys all over the US. They have a search function on their website; you should be able to look up Nevada planning attorneys there. Good luck!

[@cstamps1375]

Can an adult child setup a Special needs trust for a parent that has become disabled. 🤔

[@ellencookman-EstatePlanningSNT]

It depends on the type of SNT and the situation. Please feel free to reach out to our office to discuss this further if you wish.

[@isaac.anthony]

Why is it so difficult to find the forms? I just need a download link.

[@ellencookman-EstatePlanningSNT]

Could you clarify which form and I can try to resend the link?

[@isaac.anthony]

@@ellencookman-EstatePlanningSNT a blank (sample) of the SNT?

[@i_am_ms.j]

My mom recently passed away and she has a trust in place and she has a special needs trust provision in her trust. I’m not sure what to do next. Can you please help me?

[@ellencookman-EstatePlanningSNT]

Hi! Please contact our office at [e-mail] or [phone].

[@svcogssvcogs4252]

Hi. Can you use the TIN number that is for the estate bank account as the TIN number for the recipient? If there is only one inheritor and on closing of the estate can you set up the special needs trust with the same TIN? Thanks

[@ellencookman-EstatePlanningSNT]

Typically we would get separate Tax ID numbers for the estate and for the SNT receiving assets from the estate, as they are considered different entities. But I suggest you check with the attorney helping you with the administration to confirm.

[@svcogssvcogs4252]

@@ellencookman-EstatePlanningSNT thanks 👍

[@lynhesterlee5008]

What if you will never need medical you have VA benefits

[@ellencookman-EstatePlanningSNT]

Greetings @lynhesterlee5008. Thanks for watching our videos. Would you mind emailing your question to us at [e-mail] We can answer this question, as well as any other questions you may have.

[@TanNguyen-mn2lb]

When set up 3rd party SNT, should we set up as IRREVOCALBE or REVOCABLE Trust? I heard 3rd party SNT has to be a IRREVOCABLE trust. I am in California.

[@ellencookman-EstatePlanningSNT]

When you first set up a SNT, it usually can be revocable or irrevocable. However, once it is funded, it typically needs to become irrevocable.

[@TanNguyen-mn2lb]

@@ellencookman-EstatePlanningSNT Can I set it up without funding? I was under the assumption that the 3rd party SNT only become irrevocable when I passed away and leave my property in the SNT? Do you recommend to set it up revocable or irrevocable?

[@VictimizedSenior-x8f]

@@ellencookman-EstatePlanningSNT Make mine a NICER Latin Law Crime Interdiction Administration for Trusted Advisors to avoid the Anderson Advisors Trust Forgers.

[@starlacroix]

Hi, could you explain about "when you die and the trust gets funded, you need to report it to the SSA & DHS in California " ?? And is this with just testamentay or just 3rd party ? Im getting a 1st party SNT, I never heard anything about "Approval" tysm 🙏

[@hero108zero3]

3rd party SNT need not be reported to SSA. Any 1st party (aka self settled trusts) SNT when funded must be reported to SSA if a person is receiving SSI

[@ellencookman-EstatePlanningSNT]

If you’re receiving SSI benefits, you’re required to report any trust for which you are the beneficiary to the Social Security Administration - this would be a 1st party or a 3rd party SNT. SSA can then look over the trust and determine whether it’s a properly drafted SNT.

[@starlacroix]

@@ellencookman-EstatePlanningSNT So it's not actually Necessary if I'm on any other needs based (part of the state Medicaid- QMB -Qualified Medicare beneficiary) in texas supplement.. It helps co pays, deductibles, + premiums with my SSDI Medicare Insurance? Would likely be called Medi- Medi- when I move to California. I don't know if the QMB part of Medicaid is even there or if it's just Medi Cal w Medicare available there. 🙏🌝

[@starlacroix]

​@@hero108zero3ok, I'm Not on SSI. I'm on SSDI +QMB in Texas . But I'm moving to California . So that's a different rule of reporting??

[@starlacroix]

​@@ellencookman-EstatePlanningSNTNo I'm not on SSI, I'm on SSDI + QMB here in Texas. But I'm moving to Cal . So being on SSDI /QMB is different about reporting ?? Ty 💚

[@2023praise]

Cant hear you

[@2023praise]

Banks are going down …