Resources

The following is provided for information only and does not constitute legal advice. Individual facts make each situation unique. Always seek proper advice from a qualified professional.

  • Disability Trusts: Persons with Disabilities Benefits Issues

    If you’re reading this section, you probably know that I spent twenty-five years of my legal career helping clients with “disability trusts” – making them, breaking them, managing them and everything in between. The following is a summary of what I learned about trusts during this period. While I believe the law is fairly up……


  • Disability Trusts: Income Tax Issues

    Besides PWD issues, you’ll spend a fair amount of time on tax-related trust issues. Fortunately, there are a number of disability and disability-trust rules that aren’t available to other folks. As trusts are often needed for PWD and for over-coming capacity issues, factoring tax-efficiency is crucial. Disability Tax Credit Qualified Disability Trust Insurance/Additional Testamentary Trusts……


  • Disability Trusts: Common Law and Statutory Trust Issues

    Creating a Trust in a Will post-death The are a number of situations where a PWD recipient’s parent’s will needs to be modified, for example: In each of these cases an application under s. 60 of the Wills and Estates Succession Act, within 180 days of granting probate, will often give the relief needed. The……


  • Disability Trusts: Typical Scenarios

    Given the above, these are a couple of typical scenarios that come up: Person on PWD, 30 years old, full capacity, with $430K inheritance: Person on PWD, 40 years old, full capacity, with $900K inheritance: There are obviously other options, but these examples show how, by understanding the rules, you can give your people a……


  • Homeownership: When your Son or Daughter has a Developmental Disability

    So, you’re thinking about buying a home for your son or daughter? First question: Why? What do you want to accomplish? What can OWNERSHIP accomplish that renting or government subsidized care can’t? This is a crucial question. Given the complexities/cost of home ownership, unless you’re 100% certain of your objectives, ownership is probably not the……