Posted on Mon Jul 18, 2022, on Klenk Law Podcast
What You Need to Know About Third-Party Special Needs Trusts Hello, this is Peter Klenk, New Jersey and Pennsylvania trusts and estates attorney here to talk a little bit more about death and taxes, the same stuff we’ve been talking about in the past. But this time, we’re going […]
Klenk Law
Posted on Sun Apr 19, 2020, on Special Needs Estate Planning
From Our “Ask a Question” Mailbag: “What is a Special Needs Trust? Can I use a Special Needs Trust to protect my special needs child?” What is a Special Needs Trust? If you have a loved one with special needs, he or she may be entitled to certain government benefits […]
Klenk Law
Posted on Mon Oct 3, 2016, on Special Needs Trust
From Our “Ask a Question” mailbag: “Can I form a Special Needs Trust during my lifetime? I would like to put some money aside for my Special Needs son now. But I don’t want to disqualify him from his Medicaid.”
Klenk Law
Posted on Mon Sep 26, 2016, on Special Needs Trust
From Our “Ask a Question” mailbag: “At my son’s death, can I decide who receives any remaining money in the Special Needs Trust? I want to set up a Special Needs Trust for my son in my Will. But, when he dies, can my daughter receive what money remains?”
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Posted on Tue Oct 27, 2015, on Special Needs Trust
From our “Ask a Question” mailbag: I want to form a Special Needs Trust for my daughter in my will, to be funded at my death. Will the money I put into the Special Needs Trust be subject to the Pennsylvania Inheritance Tax?
The Pennsylvania Inheritance Tax rate for transfers to children is 4.5%. This tax is payable whether you give the child money outright or if you place the money in a trust. A Special Needs Trust is an Irrevocable Trust that has the added language allowing the money to be available for a Special Needs Person’s care, but still allows that person to qualify for Medicaid.
Klenk Law
Posted on Thu Oct 22, 2015, on Special Needs Trust
From our “Ask a Question” mailbag: I am planning to set up a Special Needs Trust for my son and place a gift in the trust each year to help provide care for my son after my death. If he dies without the entire amount being used, whom can I name as the beneficiary?
If I have the facts correct, you are thinking about forming an Irrevocable Trust for your son during your lifetime (“inter vivos”) and then placing money into the trust every year to create a pool of funds to provide care for your son after your death. I also assume, in order to provide the maximum tax benefits, you will use Crummey Powers to make these transfers free of Federal Estate Tax, and you will not serve as trustee.
Klenk Law
Posted on Tue Jul 7, 2015, on Special Needs Trust
From our “Ask a Question” mailbag: My son is a special needs child in Philadelphia on Medicaid, and I want to leave money at my death for his care. I have heard that Special Needs Trusts are becoming more liberal, is that true?
Special Needs Trusts have been available for many years, allowing parents to leave money for a child’s care that “supplements” but does not “supplant” what government programs provide. In this way, your child can qualify for Medicaid but the trustee can use the money you set aside for your son to provide him with the extra things that the government program does not provide.
Klenk Law
Peter Klenk is the founding member of Klenk Law, a seven attorney boutique estate planning law firm. We serve clients in Pennsylvania, New Jersey, New York, Minnesota and Florida. Peter Klenk received his Masters in Taxation LL.M. from NYU Law School and his J.D. from the University of Minnesota Law School. He served his country in the Navy JAGC during Desert Storm. Easy to talk to, feel free to call Peter for an appointment. We will make the process as easy as possible!
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Had our will done with Peter and his team. Made the process super easy and understandable. His team lead by Laura Parisi were always available for questions and assistance. Professional and personable they made what can be a challenging experience hopeful and graceful. Cannot recommend their services enough!
Jackie was fantastic! She helped prepare our will, her professionalism and organization was top notch! We highly recommend Jackie and Klenk Law.
I have worked with three different attorneys and law firms over the years, and I can confidently say that attorney Peter Klenk stands out as the most knowledgeable. He created the most thorough wills and trust documents I've ever had. Mr. Klenk took the time to gather all the necessary details about my current situation and goals. As a result, he put together comprehensive documents that I believe will effectively protect my assets and ensure my children's inheritance is secure.
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Very easy to deal with. Like the fact they are focused on estate planning and their expertise in this area shows. Peter and staff were helpful and easy to communicate with.
Peter and his team are great to work with. They make estate planning so easy and painless. They answered all of my questions clearly and helped me understand the best way to handle complicated finances and things like real estate investments. Thank you Klenk Law!!
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