by Thomas D. Begley, Jr., CELA<\/p>\n
In an important case arising in South Dakota, the parents of Stephany Draper established a Self-Settled Special Needs Trust into which Stephany\u2019s personal injury settlement was to be deposited. Prior to that case, this had been a common procedure used all over the country. However, the Social Security Administration (SSA) contended that Stephany\u2019s parents did not deposit any of their own money into the trust, but simply arranged for Stephany\u2019s personal injury settlement funds to be deposited. Therefore, SSA held that since Stephany\u2019s money was used to fund the trust, then Stephany was the person who established the trust and under federal law an individual is not permitted to establish a Self-Settled Special Needs Trust.<\/p>\n
What is the solution to this dilemma? SSA is now taking the position that where a parent establishes a Self-Settled Special Needs Trust for a child, the parent must deposit some of (more…)<\/span><\/a><\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":" by Thomas D. Begley, Jr., CELA In an important case arising in South Dakota, the parents of Stephany Draper established a Self-Settled Special Needs Trust into which Stephany\u2019s personal injury settlement was to be deposited. Prior to that case, this…<\/span><\/p>\n