They usually stem from: 1) not establishing the appropriate legal tools, 2) missing critical government benefit rules, and 3)not keeping plans current. Trusts are skipped, or the wrong trust type is picked, which can put a child’s public aid at risk. Forgetting to name the right guardians or not telling family about the plan [...]
Selecting a trustee for a special needs trust in Arizona requires someone responsible, financially savvy, and well-versed in the guidelines of the trust. It can be a family member, a trusted friend, a professional fiduciary, or even a bank with trust services. The right decision depends on the needs of the person with disabilities, [...]
Special needs trusts work to protect Supplemental Security Income (SSI) and Medicaid eligibility in Arizona by setting up a legal way for funds to help a person with disabilities without raising countable assets above state limits. Under Arizona law, funds in these trusts do not count toward SSI or Medicaid’s asset limit, so the [...]
Most families utilize a life insurance policy to ensure their special loved one is provided for after they’re gone. A trust established in Arizona can own the life insurance or be the beneficiary. This way, the proceeds go directly to the trust. The proceeds then assist with covering care, therapy, and daily needs without [...]
There are two primary types of special needs trusts: first-party and third-party, which are designed to assist individuals with disabilities in preserving public benefits when there is additional money available. First-party SNTs utilize the beneficiary’s own assets, typically from a settlement or inheritance. Third-party special needs trusts hold money from somebody else, such as [...]
A special needs trust in Arizona is a legal instrument that allows people with disabilities to maintain their public benefits while maintaining additional wealth. The trust allows a third party, administrator, or trustee to hold and manage funds or property for the beneficiary with special needs. Because funds in the trust do not count [...]
Special needs planning in Arizona is about laying the groundwork for individuals with disabilities to navigate finances, care, and daily life with dignity and security. Families often rely on trusts, benefits planning, and knowledgeable legal guidance to protect assets while ensuring their loved one continues receiving essential government assistance. Arizona’s laws governing special needs [...]
Courts can order one side to pay the other’s legal costs in some cases, for example, where a party acts in bad faith or brings claims without any reasonable arguable foundation. You may encounter fee-shifting if a trust instrument or state law provides for it. For most trust dispute folks, who pay attorney fees [...]
A trustee may withhold distributions in Arizona if the terms of the trust or state law provide that right. If you’ve got a trust with defined guidelines as to when and how money gets distributed, trustees need to adhere to them. Certain trusts allow the trustee to withhold distributions if a beneficiary is not [...]
What can you do if beneficiaries don’t agree in Arizona? Arizona law allows you to attempt mediation, bring a petition before the probate court, or collaborate with a neutral third party to resolve the dispute. Many families have problems with how to divide assets, adhere to a will, or select a trustee. You might [...]