Good Evening Judy,
You are correct, the primary beneficiary should be yourself. The contingent beneficiaries should be 30% to Rachel Mary Macias and 70% to the Daniel Abram Macias Irrevocable Special Needs Trust (or whichever percentages you deem appropriate).
Do let us know if you have any additional questions. Thank you.
Attorney at Law
Pixar’s recent film “Finding Dory” will have resonance for parents who have children with special needs. The animated film is the sequel to the 2003 blockbuster “Finding Nemo.” It tells the tale of a blue tang fish named Dory who suffers from short-term memory loss. She cannot remember names, faces or even her way back home.
“Finding Dory” is about how the title character overcomes challenges. The filmmakers use flashbacks to show that Dory’s memory lapses are something she was born with and learns to manage. In the first film, her short-term memory loss was presented as a quirk. However, in the sequel audiences realize that Dory actually has special needs.
Her protective parents begin trying to figure out how their daughter can function in the larger world. For example, they create rhymes to help her remember important safety rules of swimming in the ocean and build seashell trails to guide her home. They also worry whether Dory will be fine on her own.
The systems that Dory’s parents put in place mirror the support that parents try to provide their special needs children. They may establish special needs trusts, seek specialized education or arrange for caregiver services to make their child’s life as comfortable as possible. Just as the support provided by Dory’s parents is specific to her, special needs children often require customized care.
Mitch Prinstein, clinical psychology director at the University of North Carolina-Chapel Hill, told USA Today that he noticed parallels between the film’s depiction and the ways in which caregivers interact with kids who have developmental disabilities. He said the high-profile exposure Pixar has given to disabilities in the film opens up a discussion about the way mental disorders are viewed.
Gilfix and La Poll wishes to thank the hundreds of attendees, and wonderful nonprofit co-sponsors, for making our 13th annual Special Needs Seminar our best yet!
We were overwhelmed with the response, and with all of the kind comments we received from seminar attendees. We were also thrilled to see many attendees connecting with co-sponsor support organizations, including:
- Center for Independence of San Mateo
- Children's Health Council
- Community Resources for Independent Living (CRIL)
- Jewish Family and Children's Services
- Life Services Alternatives, Inc.
- National Alliance on Mental Illness (NAMI)
- Pacific Autism Center for Education (PACE)
- Parents Helping Parents and many more!
The seminars, lead by attorneys Michael Gilfix and Mark R. Gilfix, covered the importance and structure of special needs trusts, recent special needs legislative updates, including the Special Needs Trust Fairness and ABLE Acts, and an overview of how estate planning can incorporate these very important tools. Michael and Mark were thrilled with the quality of questions they received from audience members.
Gilfix and La Poll is proud to be one of the nation’s premiere special needs planning firms. We were overjoyed to connect with so many in the bay area community at our recent seminar.
We know many who signed up were unable to attend, and space and parking restraints meant we were unable to accommodate all who wanted to attend.
Because of this, we will be offering a special follow-up Special Needs Trust Seminar on June 22nd at the Bay Café (1875 Embarcadero Road) in Palo Alto. Space will be limited, and we anticipate a full house. If you hope to attend, we encourage you to register as soon as possible here.
Again, we thank you for making the Special Needs Trust seminar such a wonderful and successful event!
Life is ever-changing, and so are an individual’s estate planning needs. A key feature of estate plans is that they should be flexible enough to adapt to circumstances at various stages throughout one’s lifetime. There are a number of major life events that can help shape the scope of an estate plan. Any major life changes will likely require wills and related planning documents to be reevaluated and updated.
A change in marital status — whether it involves getting married, divorcing or remarrying — is likely to have significant impact on asset management, advance directives, powers of attorney and other estate planning documents. A new spouse does not automatically become the chief heir. Additionally, some couples may choose to draft a prenuptial agreement to manage inheritance rights to each other’s estates. For example, a spouse may choose to protect their biological children’s inheritance in the event their partner remarries.
The arrival of children is a significant life-changing event. Although it may be unpleasant to think about death or incapacity, parents must address the question of how their children will be cared for in case something happens to either one or both of them. Drafting a will provides the opportunity to name a guardian to care for the child. Parents may also consider establishing a trust in order to manage assets.
Moving to a different state also entails estate planning revisions. Each state has its own estate planning and tax laws. Therefore, related documents should be reviewed accordingly. For example, community property states and common law states have different rules on spousal ownership. An existing estate plan should match current requirements and anticipate future needs.
While these are just a few major life events to consider, there are countless others that may prompt an individual to periodically review their estate plan to ensure it meets their objectives.
Let’s face it, everyone is worried about the future of government benefits and how individuals with special needs will be cared for. To address this attorneys Michael Gilfix and Mark Gilfix of Gilfix and La Poll Associates are offering a free special needs planning seminar on Wednesday, May 10, 2017 in Palo Alto, California. The 13th Annual Special Needs Trust Seminar will provide valuable information for those who have children or other family members with special needs. There will be two seminar sessions, each lasting two hours.
Both seminars will highlight new legislative developments and opportunities: The ABLE Act and the Special Needs Trust Fairness Act. Special needs trusts are crucial planning tools. Michael Gilfix and Mark Gilfix will explain how they work and why they are necessary to create for a child with a disability. They will also discuss housing for disabled individuals, the ABLE Act, the Special Needs Trust Fairness Act and the possible impact of Trump administration initiatives. Seminar attendees will learn how special needs trusts complement public benefits like Supplemental Security Income and Medi-Cal rather than disturbing eligibility for them.
Michael Gilfix and Mark Gilfix have decades of experience in the field of special needs planning. Michael Gilfix is a member of the Academy of the Special Needs Planners and author of the book “Special Needs Trust Creation and Management Guide.”
The seminar is being held with the support of nonprofit organizations including Autism Society San Francisco Bay Area, Community Resources for Independent Living, Jewish Family and Children Services, Pacific Autism Center for Education, Parents Helping Parents and others.
Space is limited, so please reserve a spot as soon as possible. To register, call 650-493-8070 or visit www.Gilfix.com.
13th Annual Special Needs Trust Seminar
Wednesday, May 10, 2017
2pm to 4pm & 6pm to 8pm
4249 El Camino Real
Palo Alto, California