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Life and Estate Planning for Families With Special Needs Matthew Bogin, Esq. 5454 Wisconsin Avenue Chevy Chase, MD 20815 301- 656 - 1755

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Presentation on theme: "Life and Estate Planning for Families With Special Needs Matthew Bogin, Esq. 5454 Wisconsin Avenue Chevy Chase, MD 20815 301- 656 - 1755"— Presentation transcript:

1 Life and Estate Planning for Families With Special Needs Matthew Bogin, Esq. 5454 Wisconsin Avenue Chevy Chase, MD 20815 301- 656 - 1755 Matthew.Bogin@boginlaw.com

2 Introduction Matthew.Bogin@boginlaw.com  What we will cover  Why it is important

3 Things to Know SSI SSDI MEDICAID MEDICARE

4 The Importance of Estate Planning Matthew.Bogin@boginlaw.com

5 Six Reasons to Plan Your Estate Matthew.Bogin@boginlaw.com With a PlanWithout a Plan 1You decide who receives shares of your assets. State laws determine who inherits your assets. 2You decide how and when your beneficiaries will receive their inheritance. The terms and timing are set by law. Your children could be left control of the estate. 3You decide who will manage your estate. The court appoints admin’s to manage your estate. 4You can reduce estate taxes and admin expenses. Costs can be more, due to required expenses and taxes. 5You select a guardian for your children. The court appoints a guardian for your children. 6You can provide for the orderly continuance or sale of a family business. Financial loss and family hardships may result from ultimately forced sale.

6 Estate Planning Steps Matthew.Bogin@boginlaw.com Every Estate Plan should include ten basic steps. Check off each step when completed. Family Information Financial Information Goal Setting Legal and Tax Analysis Plan Recommendations Prepare Documents Review Documents Execute Documents Implement Plan Completed Plan

7 Wills What is a will? Matthew.Bogin@boginlaw.com  Ensure Compliance with state law

8 How is a Will Created? Matthew.Bogin@boginlaw.com Do not forget to comply with all formalities

9 What Assets Does a Will Cover? Matthew.Bogin@boginlaw.com  Issues with life insurance  Issues with retirement plan assets

10 What Happens if a Person Dies Without a Will? Matthew.Bogin@boginlaw.com  Why intestate succession is a problem

11 Letters of Intent Matthew.Bogin@boginlaw.com While not “legally binding” they are extremely important

12 Trusts What is a trust? Matthew.Bogin@boginlaw.com  Compliance with state law

13 How is a Trust Created? Matthew.Bogin@boginlaw.com

14 Revocable Versus Irrevocable?

15 Special Needs Trust Trusts Created and Funded by Someone Else Trusts Funded with Funds Belonging to a Person with a Disability Matthew.Bogin@boginlaw.com

16 Third Party Trusts Matthew.Bogin@boginlaw.com The preferred vehicle

17 First Party Trusts Matthew.Bogin@boginlaw.com Remember whose funds and do not co-mingle

18 How Much Money? Matthew.Bogin@boginlaw.com  When should trusts be funded  How should trusts be funded

19 Who Should Be the Trustee?  Individuals vs. Corporate Trustees

20 Guardianship Matthew.Bogin@boginlaw.com

21 Guardian of the Person Matthew.Bogin@boginlaw.com

22 Guardian of the Property Matthew.Bogin@boginlaw.com

23 What is the Process? Matthew.Bogin@boginlaw.com

24 FAMILY LAW ISSUES Why are these important? Matthew.Bogin@boginlaw.com

25 Surrogate Decision Making Matthew.Bogin@boginlaw.com

26 Durable Powers of Attorney Matthew.Bogin@boginlaw.com

27 Long Term Care Matthew.Bogin@boginlaw.com  Why is it important for parents

28 Estate Planning for Families With Special Needs Matthew Bogin, Esq. 5454 Wisconsin Avenue Chevy Chase, MD 20815 301- 656 - 1755 Matthew.Bogin@boginlaw.com


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