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Supplemental Needs Trusts

May 20, 2008

Common Drafting Issues

Stand-alone SNTs preferred to embedding SNT in a will or revocable living trust

Disabled person should not:

Be a beneficiary of a one-pot trust (such as a family trust) that has multiple beneficiaries

Have withdrawal rights over an ILIT

Termination – recommend avoiding kick-out provision

Provisions when grantor might also qualify for Medicaid or SSI

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