Listener’s Questions About SNTs – Part 2

In our previous podcast episode we answered listener’s questions about SNTs — special needs trusts. This week we finish up with more questions about SNTs. As we explained in that previous podcast, special needs trusts can be “self-settled” or “third-party.” The difference: follow the money. If the funding came from outside sources, the SNT is usually a third-party trust. If the assets came from the beneficiary herself (or himself), the trust is usually a self-settled SNT. When the trust’s assets came from outside sources the SNT may still be a self-settled trust — if the beneficiary could have claimed the funds outright. These two podcast episodes concentrate on third-party SNTs. In a later episode, we’ll review the same topics and our answers and explain how they differ for self-settled SNTs. We hear a lot of confusion about SNTs from our clients. Colleagues, accountants, investment managers and even eligibility workers often express confusion about the details. An entire industry of public benefits assistance tackles some of the most common problems — but often not particularly about special needs trusts. We try to clear up some of the confusion, and address the most common questions we hear. One listener graciously submitted a list of questions that included most of those we hear most often. With thanks, we tackle those questions in this two-part series.