Self-Settled Special Needs Trust

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Self-Settled Special Needs Trust

A Self-Settled Special Needs Trust Can Help Save Benefits for Utah Residents


What is a Self-Settled Special Needs Trust?

Self-Settled Special Needs Trust sometimes called a “(d)(4)(A) Trust”, a “First Party Special Needs Trust” or “Payback Trust” is a trust using the funds of a person who is already receiving needs based government benefits such as SSI or Utah Medicaid. The person contributes their own money to the trust which is managed by a manager called a trustee for their benefit. Following the death of the person receiving benefits the government is allowed access to any funds remaining in the trust to “payback” services provided to the beneficiary.

Who is Eligible to Create a Self-Settled Special Needs Trust?

Anyone under the age of 65 is eligible to create a Self-Settled or First Party Special Needs Trust so long as they are competent to do so. If a person is not competent a parent, grandparent, guardian or a court may also create the trust on the individual’s behalf.

When is a Self-Settled Special Needs Trust Used?

A Utah Resident would use a Self-Settled or First Party Special Needs Trust if they receive a windfall that pushes their total assets above $2,000 in total assets. Federal SSI and Utah Medicaid will not continue to provide benefits if a recipient’s assets are greater than $2,000. The Self-Settled Special Needs Trust is an exception to this rule; there is no limit to the amount the Trust can hold.

Example 1: A recipient of government benefits is a passenger in a serious car crash. Insurance payments and court settlements result in a windfall of $20,000. The individual can contribute all of this amount to a Self-Settled Special Needs Trust and will not experience a loss in benefits.

Example 2:  A recipient of government benefits receives an inheritance of $50,000 following the death of his grandma. He can contribute this amount to a Self-Settled Special Needs Trust to avoid losing government benefits.

What is the Difference Between a First Party Special Needs Trust and Third Party Special Needs Trust?

A Self-Settled or First Party Special Needs Trust is created using an individual’s own assets to fund a trust for their own benefit. A Third Party Special Needs Trust is when a parent or other third party sets money aside in trust for the benefit of the individual with special needs without actually giving them access to the funds. This difference is important because the government cannot access funds in a Third Party Special Needs Trust at the death of the beneficiary but can take funds from a First Party Special Needs Trust.  

An ABLE Account May Be the Best Choice

An ABLE ACCOUNT is an account specifically allowed by the federal government to hold up $100,000 totally exempt from the $2,000 asset limit imposed by SSI and Utah Medicaid. In order to qualify for a Utah ABLE Account, the account holder must have a qualifying disability under the Social Security Administration guidelines. The disability must have begun prior to the age of 26. The ABLE Account is free to set up and very inexpensive to maintain (under $50 per year). The Account can receive up to $15,000 per year.

If the windfall amount pushes a person over the $2,000 asset limit, but is still at or under $15,000, they can contribute their funds to an ABLE Account with full access to the money and no need to create an expensive Self-Settled Trust.

Learn More About Special Needs Trust Planning Today: 801-874-5644. 

 


                                                                                                                                                                                                                                                                     

 

 

 


Special Needs Law
John Ballard
John Ballard
15:40 18 Nov 21
Chris was great to work with. He helped us understand all... of our options and gave professional advice which we really appreciated. He was friendly and understand all of our concerns. It is money well spent to have peace of mind that the things you work your life for will be left family and not end up going into probate for someone else to decide. We recommend Chris without reservation.read more
Kathrynn Kelley
Kathrynn Kelley
18:19 25 Apr 21
Mr. Chris Morgan was very knowledgeable, helpful, and... professional. We immediately felt at ease with him. He patiently answered all our questions and made recommendations that were to our benefit. We were glad to find a local attorney to advise us. We would highly recommend his services.read more
Roberta Sherman
Roberta Sherman
15:58 01 Mar 21
Chris worked very quickly to get my Living Will completed. ... Though he was very knowledge in what he does, he explained things to me very simply so that I could understand what was needed and best for my situation. I felt confident in his knowledge and professionalism. He was quick and responsive to my phone calls. Highly Recommend!!read more
Gillian Wain
Gillian Wain
22:34 29 May 20
Chris Morgan was very professional and worked quickly. ... Very happy with his work.read more
Karen Watts
Karen Watts
17:58 29 May 20
We were very happy with the way Chris treated us and his... experience in doing our wills. He was excellent to work with and very cordial and answered all our questions and willing to help us in other matters.read more
Derrilee Thomas
Derrilee Thomas
23:19 28 May 20
CHRIS offered, for free, for the month of May, the writing... up of a Will. Most things aren't really for "Free" but it really was! Chris did the Will for us and it was fast and convient. He simply did it as a service. He didn't try to add on anything that would be an additional cost. I really appreciated him giving of his time to help me and my husband out. Thank you Morgan & Associates!read more
Peggy Shepherd
Peggy Shepherd
17:13 27 May 20
We were impressed with the quality and quick response and... the friendliness of both associates upon our first and only visit.read more
Amy Omer
Amy Omer
21:16 26 May 20
We had a great experience with Chris Morgan. He walked us... through our options with a will/trust and educated us about special needs trusts for our son. He was generous and helpful and it didn’t feel like he was trying to sell us more than we needed. We recommend this office!read more
Thomas Omer
Thomas Omer
18:58 26 May 20
My wife and I have always meant to get a will, and just... have never done it. I’m happy we finally got it done with Chris Morgan’s help! He was very knowledgeable and helpful, while being respectful of our time and interests. He has a great little office on Main Street in Lehi, and even took the time to disinfect between visits. We have an autistic son, so he took time to explain all about special needs trusts, but he didn’t try to push us into buying more than what we needed at the moment (which was just the will).Anyway, we’re very happy with Chris, and highly recommend his services!read more
Cecilia Salvesen
Cecilia Salvesen
01:14 24 May 20
Chris has been a pleasure to deal with. He is profession as... well as relaxed with a good sense of humor. It was a pleasure dealing with Chris and Associates.read more
Jill Hickman
Jill Hickman
21:19 10 Apr 20
Chris Morgan is great and we loved the efficiency! Me and... my husband have been talking about getting our wills done for years! Yes, probably for about 10 years or more because we have kids. We never wanted something happen to us and leave our kids parent-less! So I knew it was going to be happening this year since I put in my calendar as a "to do" item. However, January is our good intentions month and I did not follow through! I kept on putting that item to a later, more convenient time. The convenient later time never seems to come. Then the COVID-19 pandemic hit! We all know that this pandemic time is not convenient! After being at home for about a month, I decided that I better just do the will because we never know what to expect with life. I called his office on Wednesday and talked with Chris and set up an appointment, two days later for Friday. We just went in to our appointment and it took us 30 minutes to get mine and my husband's completed notarized will!! I am so ecstatic and feel great that this is finally taken care of! It is such a peace of mind! Chris is personable and professional and knows how to do his trade efficiently and well! Please don't hesitate like I did for years, just go to Chris Morgan and get it done! It will be a peace of mind for you! As a side note, he sanitizes between clients and the room where we signed was big enough to do the 6 feet social distancing. $100 for a personal will x2 for both of us, contained in this nice maroon folder.read more
Gary Thurgood
Gary Thurgood
02:53 17 Mar 20
This was the best experience with an attorney that I’ve... ever had in my life, He went over and above my expectations, I would recommend Morgan and associates to everyone and I will !!!read more
Lee MacGregor
Lee MacGregor
23:01 03 Mar 20
I am Extremely Impressed for the hospitality and well... manner, I was well informed after the call I made to Morgan & Associates, Not to mention that I called five other Lawyers and no one had the time to talk about to me. I was again IMPRESSED!!!! Not the normal Lawyerread more
Blake Ross
Blake Ross
00:08 29 Feb 20
We love Chris Morgan! He is very knowledgeable about Utah... law and was a great help with setting up our trust as well as my parents trust. He is very easy to talk to and he makes it very comfortable planning for the future. We highly recommended Morgan and Associates!read more
Mary Taylor
Mary Taylor
18:10 22 Feb 20
Very good information and help with will and trust. ... Learned a lot! Will definitely go back Did not charge for information-packed appointment.read more
Tyler Fenn
Tyler Fenn
19:01 29 Dec 19
Chris Morgan was excellent to work with. A lot goes into a... trust that I don’t understand and Chris helped me understand the nuances of creating and maintaining a trust and living wills for my wife and I. I’d highly recommend him for his knowledge and professionalism.read more
Jenn Fenn
Jenn Fenn
18:55 29 Dec 19
Chris is an excellent attorney. Our experience was the best... we’ve had with an attorney. He reviewed our existing trust and was candid about what was done well and what he could improve for us. His work was quick and he helped us understand everything going into our wills and trust. I highly recommend Chris Morgan.read more
Kathy Stevens
Kathy Stevens
02:21 08 Nov 19
Chris was very helpful and took the time to listen to all... of my concerns. I appreciate all he did for me and my son.read more
Brad Walker
Brad Walker
22:15 11 Oct 19
Chris is very professional and personal in his work. He is... very detailed in his helping our family. We highly recommend him.read more
Steven Sorensen
Steven Sorensen
21:32 10 Sep 19
Chris Morgan is very knowledgeable in Law and also... understands how the real world works. He has a talent to help one understand the process and make you feel comfortable in planning your estate. He really wants the best for his clients. I’m very grateful to have him represent our family trust.read more
Tiffany Hardinger
Tiffany Hardinger
02:18 06 Jul 19
Morgan & Associates is wonderful! They helped us walk... through details of setting up a Trust for my mother and still continue to support us after her passing. Goes the extra mile in all aspects including meeting at our home to finalize documents. Highly recommended!read more
Jenna Szoke
Jenna Szoke
01:07 20 Jun 19
We thoroughly enjoyed our experience with Chris Morgan. He... set up our special needs trust and made the whole process straightforward and convenient for us. My husband and I were impressed with his knowledge of the law surrounding people with disabilities. We look forward to his assistance over the years and would recommend him to anyone needing a special needs trust done or even just a simple will.read more
Sami Draper
Sami Draper
04:17 18 Mar 19
Answers the phone on the weekend and is so willing to help... you on their days off. Extremely helpful and friendly.read more
lynn lindstrom
lynn lindstrom
22:45 15 Mar 19
They were kind and helpful explaining every thing helped me... with other things I needed done would use them again no problem excellentread more
Charlotte Stock
Charlotte Stock
17:23 01 Feb 19
Christopher Morgan listens closely and is very... knowledgeable about Utah law concerning estate planning, health care directives, and wills. I was amazed at his ability to give me the help and advice I needed to be completely satisfied and at peace with every document he made for me. He certainly has my vote of confidence. I highly recommend him to everyone. Charlotte Stockread more
Janelle Wakley
Janelle Wakley
22:23 25 Jan 19
Chris was very helpful when my husband and I had questions... about our Medicaid application. He is friendly and professional.read more
Wolfiere Labs
Wolfiere Labs
20:38 25 Jan 19
JoAnna Hall
JoAnna Hall
17:14 21 Dec 18
If you're looking to get your estate planning, trust in... order, Chris is the guy!! He is so thorough and explained everything in terms we understand and knows what he is doing! Very pleasant experience and we HIGHLY recommend him! Thanks Chris!read more
Joe Clements
Joe Clements
19:25 05 Dec 18
We needed help with making a Will and Trust. Chris got us... in quickly and produced our documents at a super affordable cost! Highly recommend!!read more
Ben Tyler
Ben Tyler
05:57 02 Nov 18
My wife and I hired Chris Morgan to help us with our Estate... Planning documents and could not have been more pleased! Chris was responsive to our every need, flexible in his scheduling, patient and clear in educating, sensitive to our interests, and produced a product which far exceeded expectations. But this really didn't surprise me, considering the raving reviews he's received from his clients. With binder of completed documents in hand, my head will rest more comfortably on my pillow tonight. Thank you, Chris, for making our most important priorities your own. We look forward to receiving our first Christmas card :).read more
Bonnie Hill
Bonnie Hill
21:32 31 Jul 18
Chris was really great to work with! On our first meeting... he was very knowledgeable and funny and easy to talk to! He explained things and addressed all our concerns and questions. He made things fun and eased any tensions. He seems honest and fair. The best part is that he was willing to come to our home for the meeting. He was easy to work with schedule wise as well. I would definitely recommend Chrisread more