How long does it take to setup a self-settled special needs trust?

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This is in Kansas. My disabled mother got an inheritance, along with some death benefits policies, and we're putting the money into a special needs trust. There is a will, and all debts are settled, so there is no probate involved. An estate/elder law attorney will be helping us setup the trust monday. How soon will I be able to start using the trust to help her? (trying to figure out if I should plan to return home for a while, or stick around to start getting things done for her.)

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Okay, well... Just got a call from my uncle.

They had a meeting with the estate attorney today, which neither me or my mother were allowed in. I'm not sure what was discussed in the meeting, but she apparently advised them not to return the money.

So, guess it's probate from here. Waiting for my mom's lawyers advice. Not sure what impact this will have on my mother's health or benefits... I'm honestly half tempted to involve APS at this point.
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That's good to hear about guardian. I figured I would need to live here for it, and have been trying to avoid such a scenario for that reason. Knowing her lawyer can do it opens up a lot of options. And yes, this firm, from all accounts, is probably the best one I could have hired for my problem. 

It's currently an unprobated/will estate. The window to initiate probate will end in little over a month. My intention is to file for probate for my mom if it gets 2 weeks out, or it becomes obvious they aren't going to actually fix this. (we'll see what excuse they come up with next week.. My money's on needing to talk to a tax attorney, lol... ) But I'm honestly not sure if my mom will let me - as her demeanor on the topic is generally negative.  

If that turns out to be the case I think my best option is to simply walk away. Whether any of my concerns come to a head I think it's still mostly a win-win. Since if medicaid gets involved they'll probably rule misappropriation and force them to return the money regardless, and if they don't then it means my mom's wellbeing and benefits are still intact, and she'll at least have about half of what she was supposed to get. 

I suppose ERU deeming it a voidable transfer would suck for my uncles, but nothing I can do about that if they wont listen...
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The trust atty can be guardian, with you as kinda ad hock consultant to them. You know judges in my experience (3 executorship and lots of time sitting in small & big county probate courts waiting to deal with Auntie clusterF of an Estate multiple marriages and no probate done on the dead hubs), judges do not want to appoint a guardian that is not a resident of the state of the ward or even not a resident of their county. The want it so that you are definitely under their purview. So it may mean you need local atty to be guardian anyways. Just sayin’......

Did probate close? There’s probably an action that can be done to reopen it within a period of time. The current probate atty, competent & fair?
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@igloo572 I'm really not sure on the limiting. I wouldn't come close to spending 10k, so I doubt that's the concern. I've asked the question a number of ways (it was part of my motivation for asking this very question, even) but haven't gotten an answer.

My best guess is that until the waiver/trust agreement is approved anything paid out of it considered unearned income. Which would reduce her SSI by 1:1.

As for the waiver: I'm not entirely sure that I understand how this part works, but based on what I've read on https://secure.ssa.gov/poms.nsf/lnx/0501120203 seems like the trust makes it such that her benefits only continue on the count of undue hardship. And it's this hardship waiver that triggers the evaluation of the trust.

But, that seems rather contrived and unnecessary. So maybe (hopefully) I'm misunderstanding, and there's simply a department that approves trusts. Either way, I know I have to wait for the green light before being able to get all of the stuff she needs taken care of.

On a separate note: I have new problems with my uncles appearing to backtrack on returning the disclaimed funds. First they came up with several justifications for keeping more than I had expected. But after I told them those numbers were acceptable they decided they want to talk to the estate attorney first. ...The longer this all has gone on the more I've come to suspect they have been purposely delaying things to make the 6 month probate period lapse. ...So, that's the possibility I'm researching now.

I really hope I'm wrong though. As it means they don't care about the potential for that transfer to make her ineligible for benefits. And it means a long, drawn out, expensive process to recover the money. While I know for sure she would win, (between the brain surgery and medications it would be easy to argue misappropriation - plus medicaid and ERU both have mechanisms to get the money back for themselves...) it's just not something she (or any of us) should have to go through. (plus, I'd have to get guardianship for most options, which would tie me to this blasted state, and likely result in the ruin of my marriage and career.)
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Hmmm on limiting amount of $, there’s the 10k $ movement paperwork that all banks have requirements on. Perhaps it’s that?

The waiver, is that for Medicaid compliance?

I’d suggest you always write any checks out to a business, so instead of just Bob Smith, it’s Bob Smith Painting Services... Bob Smith Yard Maintenance. Should mom run out of $ and need to go into a NH and apply for Medicaid LTC having checks to businesses should lessen gifting issues for the lookback.

Also as your returning home and mom’s staying at the inheritance house, give a thought if it would be good to buy gift cards from Kroger, Target so that if need be & she cannot get out to shop, she can give the gift card to a neighbor, friend to shop for her. This way no $ cash here & $ there and tracking smallish receipts or IOUs.
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Glad you were glad to get this done so quickly. Must be different in ur state. Nephews SN trust paperwork was drawn up by his lawyer. On the paperwork it tells me what I am allowed to spend on Nephew. I Can't spend on housing or food.
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Just reporting back the answer:

Trust agreement was signed friday, and an EIN produced today. Which I was then able to take (along with a trust certification, detailing the trust) to a bank to create the trust account. And was then able to transfer money into it. (@igloo - it is NOT closed. Assets can be transferred into it until she 65, after which time it will close. And anyone can contribute...)

However, there is a waiver that we have to wait for approval on. Not sure how long that will take. (this firm has used this trust agreement hundreds of times, so they expect it will be fast, but who knows).

I've been told that I can use the trust prior to approval, but that I need to limit how much I spend. She didn't give a clear answer as to why, and I can't find anything online on the topic, but I imagine it's because SSI may see it as income. (Though, since she'll technically be withheld benefits due to having received the inheritance this month regardless, not sure why that would matter...) Regardless, going to follow the lawyer's advice.
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Do I have to prove it if she's already been threw such determination, and found fully disabled? She's been on disability since 1990.

If so, how long does this round of court normally take?

She's got a short life expectancy. So if this is going to take too long I think maybe the best option is that she just disqualify herself and put the money in her account. Seems likely she'll be disqualified regardless.

FWIW, I was able to get a meeting with a new lawyer wednesday. The firm itself looks more than qualified for this, but I'm worried about the lawyer they gave me. Seems young and inexperienced... Hoping this kind of situation normally means she relies on advice from her colleagues?
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Don't you hate that. But I have to say...a SNT will not take a day. It has to be filed with a court. You also have to prove her disability. Like I said before, a judge has to sign off on it. My nephew was living with my Mom with a annuity so I wasn't planning on getting SSD for him yet. Lawyer told me to file and deposit his SSD check into the trust. Which I have done.
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Alright, ...welp... the estate attorney said she has an emergency and needs to reschedule the meeting. But doesn't have availability again until the 26th... So, currently trying to find another lawyer (CELA group who's some hours from here seems like my only good option, though) . Hopefully they can make sure this is done before yet another month has lapsed...
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