Written by Jill Roamer, JD

A special needs trust (SNT) is a planning tool used to provide funds for a beneficiary’s care without jeopardizing their eligibility for means-tested public benefits. The SNT is designed to optimize the beneficiary’s quality of life, and importantly, a third-party SNT can qualify as a qualified disability trust (QDisT) to obtain better taxation treatment if certain requirements are met.

From a case upholding the validity of a Delaware domestic asset protection trust to rulings that a trust formed under a springing power of attorney is void and the structure of the National Labor Relations Board is likely unconstitutional, we have recently seen significant developments in estate planning, elder and special needs law, and business law.

Written by Gregory Monday, JD

When you assist a family business owner with their estate planning, you should review with them the various potential provisions that they could include in governing documents and owners’ agreements to protect the interests of minority owners in the next generation. Co-ownership of a family business by siblings, cousins, and other relations can benefit both the family and the business, but those benefits might not be realized if the rights of the minority owners are not specified in thoughtful and well-drafted governing documents and owners’ agreements.