Special needs planning isn’t just about maintaining government support, it also protects the disabled individual from lawsuits and other debts, as the Special Needs Trust (SNT) cannot be seized to pay for debts, thus protecting the individual who relies on the trust for their ongoing care. Montana Elder Law’s special needs planning attorneys are familiar with how local, state, and federal laws interact, and will put together a plan that will best protect the interests of your child with special needs.
Our special needs attorney in Bozeman will be able to help you with the following, among others:
Special Needs Trust (SNT): The trust holds assets on behalf of someone with disabilities without affecting their eligibility for means-tested public benefits, such as Medicaid, or Supplemental Security Income (SSI). Administration of SNT is more complicated than managing other trusts, as it requires an understanding of the government’s programs, as improper use of the funds can disqualify the beneficiary. Our special needs attorney in Bozeman will help you in establishing the best SNT for you, like a first-party SNT, third-party SNT, or a pooled SNT.
ABLE Account: Achieving a Better Life Experience or ABLE Account is a tax-free savings account that can be used to pay for disability-related expenses without affecting your ability for means-tested government programs. There is no limitation to the individuals who can contribute to an ABLE account. Upon the death of the ABLE account holder, the state may require reimbursement from the remaining funds for Medicaid services.
Government Benefits: Our special needs attorney in Bozeman will also assist you to get the benefits of various government programs, like Medicaid, Supplemental Security Income (SSI), Social Security Disability Insurance (SSDI), Disabled Audit Child (DAC), Section 8 Housing, and Supplemental Nutrition Assistance Program (SNAP).
Special Education: The Individuals with Disabilities Act (IDEA) mandates that all children in the U.S. receive a free and appropriate public education in the least restrictive environment possible, followed by the development and ongoing implementation of a “504 plan”, or an Individualized Education Plan (IEP). Parents of the child with special needs are entitled to an impartial hearing if they disagree with the course of action proposed by the school district, and it’s here that the expertise of Montana Elder Law’s special needs planning attorney in Bozeman will come handy.
Experienced probate attorney in Bozeman
Montana probate law typically requires families and friends to complete a series of court filings, notices and audits for the distribution of an estate. The process is complicated and one misstep can cause delays and disputes. For many people, this could be an unwanted burden during difficult times. Our experienced probate attorneys in Bozeman provide valuable assistance and advice to individuals and families after the death of an individual when the probate and estate administration process may occur. Our probate attorney in Montana will listen to your individual needs, and adapt an estate planning measure specific to you.
Montana law provides a legal administrative process, known as probate, for the distribution of a decedent’s estate, whether the person died with or without a Will. The process can be simple and straightforward, but at times, it can be lengthy and ripe with legal issues. Regardless of the complexity, our probate attorney in Bozeman will ensure that the property of the deceased is accounted for, debts and taxes are paid or disposed of, and the remaining property is distributed as per the valid Will, or Montana estate law.
Guiding you all through the legal process of probate
The main steps involved in the probate process include filing the necessary documents, appointing a Personal Representative (PR) with a high calling of accountability to ensure that the probate process is done correctly, gathering estate assets, dealing the creditor claims and tax issues, and providing accountings to the court. So, you can see how a probate attorney in Bozeman can be invaluable. Montana Elder Law’s probate attorney in Bozeman will guide you all through the legal process of probate, and ensure that the estates of the deceased are properly distributed.
In addition to special needs planning attorney in Bozeman, and probate attorney in Bozeman, Montana Elder Law firm also provides its legal services for Montana elder law related to Medicaid and long-term care, Medicaid planning, long-term care insurance, estate planning, document vault, and more. We serve across Bozeman, Billings, Kalispell, Missoula, Butte, Helena, and Great Falls.