Should an individual with special needs receive a large sum of money, it is often wise to have the individual or his/her fiduciary establish a special needs trust in order to not jeopardize assistance already being received such as Medicaid or SSI. Should a parent or grandparent wish to provide funds to a special needs individual and not jeopardize assistance being received, a special needs trust may also be a good idea. However, before embarking on such an endeavor, it is critical to understand the different types of special needs trusts and their requirements or else risk losing the benefits already being received.
Set Up Special Needs Trusts To Protect Existing SSI Or Medicaid Benefits
The most common special needs trust created by and with assets of a third party is known as a discretionary “supplemental needs” trust. With such a trust, there is no requirement that funds be turned over to the state upon the death of the beneficiary. However, proper drafting is critical. It is to be used for things not covered by Medicaid or SSI. It must clearly state that it cannot be … Read More... “Special Needs Trusts in Ohio in a Nutshell”
Some weeks ago, I tuned into an NPR radio interview with Penn and Teller, those amazing magicians/entertainers who have for decades defied logic and fooled us with their brilliant illusions.
I haven’t written an article about the holiday season for the Ohio Family Law Blog for a couple of years. At that time, I mentioned that this is certainly an appropriate time to reflect upon core values as well as memories of past Christmas celebrations and traditions.
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A lot of people ask or search online for the answer to this question. No one likes to spend money for a lawyer. I have attached a link that the Montgomery County Ohio Domestic Relations Court provides to the public. It is titled 
We often agonize about the technology expectations we have for our kids, but what rules do our children want for us?
In 2013, in United States v, Windsor, the U.S. Supreme Court found Section 3 of the Defense of Marriage Act to be unconstitutional. Section 3 defined “marriage” as a legal union between one man and one woman and “spouse” as only a person of the opposite sex who is a husband or a wife. The Court’s decision meant that married same-sex couples must be treated under federal law as married opposite-sex couples.