S*******s
发帖数: 10098 | 1 本文来自《Private Wealth Magazine》2010年3月
Trusts As A Caretaking Tool
（信托，作为一种照料special needs的工具）
By Robert Morrill
Regardless of the form of trust one uses, critical non-tax issues come to
the forefront when crafting an estate plan for married and single parents,
grandparents and parents with special needs children.
What assets will flow into the trust? Who will manage the funds in the trust
? Who will decide when and for what purposes funds will be distributed from
the trust? What guidance will the trustee be given regarding distributions
and how will that guidance be provided? All of these issues need to be
carefully considered when structuring the trust.
指定受托人，采用专业的，还是业余的，他们的职责？
The choice of trustee is one of the most important decisions a parent or
grandparent will make. There are many criteria to apply when selecting a
trustee. At the top of the list is selecting someone in whom the client has
complete confidence since most trusts are not supervised by the courts.
While the trustee has a fiduciary duty to account for his actions and follow
the trust’s terms, there is obvious opportunity for abuse. In many cases,
naming co-trustees is a good option as they both share the burden and
provide checks and balances.
In cases where a non-professional trustee is used, the person should
understand the complexity of his responsibilities. In addition, a non-
professional should be someone who is able to devote the proper time to the
trust administration.
If a special needs child will be a beneficiary of the trust, it is very
important that the trustee be familiar with the child and his or her needs.
A family member or friend can often fill this important role. The trust can
also be structured to include a trust advisory committee made up of
individuals familiar with the child’s special needs to help guide the
trustees.
Many parents and grandparents use professional trustees, such as a bank or
trust company. A good professional trustee will ensure that the business end
of the trust is run properly (e.g., the funds will be secured and invested
properly and tax returns will be filed). In addition, many corporate
trustees have in-house resources to help the trustees address the special
needs of the beneficiary. In the right situation, the use of a professional
fiduciary can be a benefit. The downsides to using a professional trustee
include the fees that will be charged and the concern that, in some cases,
professional trustees are not adequately tuned into the needs of the
beneficiary. If a professional trustee is used, it is a good idea to give
someone the power to remove and replace the professional. The trust can be
drafted to require a professional trustee, and define what is meant by this
term, and then give someone power to select, and replace, the professional
as appropriate.
The choice of an appropriate trustee takes on an added dimension with single
parents. If the parents are divorced, typically the parent with custody of
the children will not want the other parent to play any role in the trust.
Most trusts have trustee succession provisions specifying that if there is
no trustee serving, the beneficiaries can select a successor. If the
beneficiaries are minors, then their guardian could have a voice in the
selection. Thought should be given to excluding the ex-spouse both from ever
serving as trustee and also from participating in the selection of a
successor trustee.
家长注意这段很重要，政府给特殊需要孩子们的有关福利，不因信托里头的支出而受影
响吧？
The term “special needs trust” usually refers to a
trust that’s prohibited from making distributions that would impact the
beneficiary’s eligibility for needs-based government benefits. Such a trust
seeks to supplement the governmental benefits but not affect the
beneficiary’s eligibility for those benefits. In most cases, a traditional
special needs trust is not the right fit for a family with significant
wealth. In these cases, trustees often conclude that they can provide better
care for the child by making distributions regardless of the child’s
eligibility for needs-based benefits.
Parents—no matter what their level of wealth—typically use a trust to make
sure their special needs children will continue to have their food,
clothing, shelter, medical expenses and educational expenses paid for. Some
parents will have other reasons for which they would, or would not, want
funds distributed. Guiding the use of funds, however, is a balancing act.
Placing too much specific direction in the trust can have the unintended
effect of tying the trustee’s hands when unforeseen events arise. Having no
direction at all regarding when distributions should be made can place the
trustee in an equally difficult position. A trust drafted with broad
discretionary powers over distributions, accompanied by an external letter
of wishes or instructions from the person creating the trust, is one way to
strike an appropriate balance.
When minor children are involved, thought should be given to where the child
would live if something happens to one or both of the parents. If title to
the family home would flow to the trust, direction should be given regarding
whom the trustees could allow to live in the home and what expenses for the
home would be paid from the trust. If the child lives with a guardian,
would the guardian need to buy a larger home or place an addition on his
home? If so, it may be appropriate for the trust to provide for a limited
distribution to the guardian to cover such expenses.
下面这几段也很重要：
Once the trust has been set up, careful attention needs to be given to
ensure that it is properly funded. This involves review of both how much
needs to be in trust for the child and what kinds of assets are best suited
to meet those needs. Many parents with special needs children purchase life
insurance, owned by an irrevocable insurance trust, to provide funds to care
for the child. With a married couple, second-to-die life insurance owned
through an irrevocable trust can be a cost-effective way to provide funds
for the child’s care.
Whether to name a trust for a special needs child as beneficiary of any
qualified retirement plan assets requires careful consideration. While
income tax deferral can be obtained by structuring the trust as a conduit
trust, the required distributions from such a trust may be inconsistent with
the child’s situation. Alternatively, the trust can be structured as an
accumulation trust, but this may not yield optimal income tax benefits. If
there are other assets available, it is often best to fund the special needs
child’s trust with assets other than qualified retirement funds.
减税是个关键，遗产税实在太高了
When planning for high-net-worth individuals, tax reduction is always a key
issue. Unfortunately, the focus on taxes often comes at the expense of other
, equally important, objectives. This is driven, in part, by our training.
Lawyers, CPAs and financial advisors are trained to identify, analyze and
solve legal and financial issues. To fully satisfy clients’ needs, however,
we must move beyond this framework, become true counselors and focus on the
personal issues our
clients bring to the table. To achieve this goal, the issues discussed above
should be explored closely with the client.
Robert J. Morrill, Esq. | B*****g
发帖数: 34098 | 2 太长
trust
from
【在 S*******s 的大作中提到】
: 本文来自《Private Wealth Magazine》2010年3月
: Trusts As A Caretaking Tool
: （信托，作为一种照料special needs的工具）
: By Robert Morrill
: Regardless of the form of trust one uses, critical non-tax issues come to
: the forefront when crafting an estate plan for married and single parents,
: grandparents and parents with special needs children.
: What assets will flow into the trust? Who will manage the funds in the trust
: ? Who will decide when and for what purposes funds will be distributed from
: the trust? What guidance will the trustee be given regarding distributions
| S*******s
发帖数: 10098 | 3 有的孩子有严重自闭症， 有的出了车祸后只能在轮椅上生活。。。
可怜天下父母心， 家长们知道40年之后也许自己死了， 40-50岁的成人孩子由谁来照
料？ 一早作信托安排（避税，留下钱照料孩子的）， 尤其不符合贫困线的家庭，
即便符合贫困线， 政府到2041之后未必有足够的钱来照料残疾人。
【在 B*****g 的大作中提到】
: 太长
:
: trust
: from
| S*******s
发帖数: 10098 | 4 怎样使孩子qualified for Medicaid?
设立special needs 信托使得父母（或祖父母）的资产变成“间接
available to the beneficiary's access ”， 这样使得信托收益人也就是disabled
kid更容易 qualified for 政府福利。 A special needs trust can protect
Medicaid eligibility because assets in the trust are uncountable， 这个
special needs 信托的基本目的就是保障a disabled individual 的终生需要。
· What is a special needs trust?
· Why establish a special needs trust?
· What requirements must a special needs trust meet?
· What types of special needs trusts are available?
· How is a special needs trust typically funded?
· What else should you consider?
对于以上列出的这些问题， 下面这篇文章作了详细回答：
http://clsf.info/Articles/Special_Needs_Trust.pdf | c*h
发帖数: 33018 | |
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