Estate Strategies and  Your Family Business 

Estate Strategies and Your Family Business
 
Overview
Parents of a special needs child have neverending concerns about their child’s care. For instance, where will the child live should something happen to his or her parents? Who will care for the child, and where will the money come from?

How much do you know about financial planning for a special needs child?
Take this short quiz now or later.
  1. True or False. The plan that is often most helpful for families needing to make provisions for a child with special needs is a grantor retained annuity trust. This device allows a trustee, typically a family member familiar with the child's needs, to use funds placed in a trust by the child’s parents for the necessary care.
  2. True or False. A charitable remainder trust can be a favorable planning mechanism for the parents of a special needs child.
  3. True or False. If a charitable remainder trust is used and a minor child is the income beneficiary, any income tax deduction could be drastically reduced because of life expectancy differences.

Read here to learn more about financial planning for a special needs child
Fortunately, help is available, with local, state, and federal programs easing some of the monetary demands on the family. In addition, there are private groups that can help with long-term care. However, if you wish to provide the highest level of care, you will need to plan for the best possible use of your funds.

Meeting Needs
The plan that is often most helpful for families needing to make provisions for a child with special needs is a special needs trust. This device allows a trustee, typically a family member familiar with the child's needs, to use funds placed in a trust by the child’s parents for the necessary care. It offers sufficient flexibility to handle almost any situation, while providing privacy for the details of the arrangements made by parents, grandparents, or others who wish to make a gift to a special needs child.

Many people may assume that trusts are only for the very wealthy, however, a special needs family’s financial situation demands prudent planning to prevent loss of agency funding after the parents are gone. For example, assets received as an inheritance might disqualify an adult child from receiving public funding for housing, medical care, and other government programs. Assets placed in a trust, however, and directed to uses other than those available through government sponsorship remain available for the individualized care a parent might want to provide.

While the special needs trust can establish a mechanism for maintaining financial care for a special needs child, some families have utilized the charitable remainder trust (CRT) as an additional mechanism to help secure future income for a special needs child. As its name implies, a CRT benefits a charity as well as an individual. Here’s how it works:

A couple starts by transferring liquid, highly appreciated assets, such as mutual funds or publicly traded stocks, into their CRT. The couple receives an annual income from the trust for a term of years or their joint life expectancies. The IRS allows the couple to take a current income tax deduction for the present value of the property that ultimately passes to the charity they selected-- generally one involved with the special needs of the child--when the CRT terminates. [Note: In the case where a minor child is the income beneficiary, this tax deduction could be drastically reduced because of life expectancy differences.] Any property put into the trust is out of the parents' estates, and when the trust terminates, a sizable legacy will be left to the charity of their choice. In addition, there is no capital gains taxes due for transfers of highly appreciated property to the CRT.

The use of a CRT to benefit a special needs child may be advantageous in many ways. The income stream is used for the benefit of the child, with either the child or the parents as the named income beneficiaries. If the child is the income beneficiary, the trust can pay income for the child's life, and the parents, as financial guardians, will oversee the use of the income. Should the child outlive the parents, a guardian will step into the parents' role.

A Parting Thought
Certainly, planning for a special needs child is emotionally challenging and financially demanding. However, with a solid plan in place, you can help ensure the best possible care for your child, both now and in the future.

Quiz Answers:
   1) False; 2) True; and 3) True

 
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