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Stimulus Checks for SSI Recipients

It was been a long wait, but for many of you the time has come and the federal stimulus checks have been deposited! Some of you who receive government benefits are still waiting and can clink on this link for more information.

For caregivers, guardians, adult children or parents of individuals who receive SSI benefits and are the representative payees (“rep payees”) on bank accounts, you may be concerned about the extra money in your loved one’s bank account and how this money will affect SSI eligibility. Here is some good news – the stimulus $1,200.00 will not affect SSI eligibility. The Social Security Administration (“SSA”) posted on their website that they
“will not consider economic impact payments as income for SSI recipients, and the payments are excluded from resources for 12 months.”

Some of you are Representative Payees for your loved ones want to know what you can do with the stimulus money. Well, SSA and IRS agree, the funds belong to the Social Security or SSI beneficiary. The stimulus funds are not a Social Security or SSI benefit. You as a representative payee should discuss the funds with your beneficiary. If your loved one is the beneficiary and he or she wants to use the funds, then you as the rep payee should give the stimulus funds to them. The rep payee does not have a responsibility connected to the stimulus funds because, as stated above, the funds are not Social Security or SSI benefits. You will not have to include the stimulus funds in your annual accounting.

The hardest part of all this may be in determining how to spend that money on the beneficiary.

We will help you protect your family

With the new environment we find ourselves in, and with all of the uncertainty we have face, you can be comforted in that Filis Law Firm will be available to you.

Here is a letter from Leona E. Filis, founding member.

Dear Valued Clients, 

At Filis Law Firm, the safety and well-being of our clients is always a top concern. During this time of crisis, please know that Filis Law Firm is here for you, as we have been for the past 17 years. Although Courts and businesses have limited hours or are completely closed, Filis Law Firm will continue to provide services to meet your needs. 

As always, we allow for teleconferences, and now for your convenience, we have added Zoom as an option for video meetings.  You can schedule your appointment time online at Calendly https://calendly.com/filislawfirm.  If you prefer, you can also communicate with us or forward any information/documentation to us via email at leona@filislaw.com.

You can rely on the Filis Law Firm. Attorney Leona E. Filis understands that under the current circumstances, it is crucial to secure the optimal future for your family. As a result, should you need Estate Planning documents, Filis Law Firm will expedite such services, including Wills, Power of Attorneys, and Special Needs Trusts. If you are in need of Guardianship services, we can begin the Guardianship process by preparing and filing the initial legal documents. When the Harris County courts are fully operational, we can schedule a hearing date, or have a video hearing.

The Filis Law Firm team is dedicated to supporting you through this unprecedented time.  Please stay safe and know that you can count on us.

Leona E. Filis

Owner and Managing Attorney

Did You Hear the Embracing Diversity Show This Month?

Every month you can listen to the Embracing Diversity show on Radio DaBang 99.5 FM. This month DJ BigNate, Mrs. Thelma Scott and Attorney Filis had special guests Giset King, Max Power with Agape the Koala, and Kathy Tatum.

Giset King with Cafe Azul is hosting Tools for Caregivers of Individuals with Autism March 21, 2020 at 114 Eastwood St. from 10 am to 2 pm.

I Was On a PODCAST!

Wow! I was interviewed on the Adriana Beasley podcast “Conversations That Inspire” talking about Legal Life Planning. Many families with children with special needs have experiences that are similar to mine and to Adriana’s. Even though it seems as though so much of your life is out of your control, you do have the power to set your family’s course for the future with legal life planning. If you have a child with special needs who is approaching adulthood, now is the time to contact Filis Law Firm for a free 30-minute consultation about Guardianship, SDMAs, Special Needs Trusts, and other legal documents to protect your family’s future.

Acquire Knowledge Here to Improve Your Child’s Life – Step One

You have found my article, but the Filis Law Firm website is not the only site you should look at as a reliable source of information for families with children with special needs. Continue your research. You have access to information, now what will you do with it?

Acquire knowledge and turn it into wisdom. You have at your fingertips information to assist you in maximizing the protection of your family. Now start doing something. You may already be taking some of these action steps, such as:

Protecting your child at school by attending Special Education ARD meetings and thoughtfully contributing to your child’s IEP.

Protecting your child’s future by getting him or her countless treatments from doctors and therapists that are designed to help to put your child on a better pathway to achieving life goals.

Protecting your family’s financial future by working with an attorney and a financial advisor for purposeful estate planning.

Filis Law Firm has a list of Action Steps designed to assist families with children with special needs. These Action Steps have been collected by Leona E. Filis, owner of Filis Law Firm, based on what Leona has discovered during her life journey with her son. We will publish one step at a time.

STEP ONE: Sign up your child with special needs on the Interest Lists for Medicaid Waiver Programs and look into other government benefits such as SSI, Medicaid, SSD, and Medicare. Take ten (10) minutes today and call 1-877-438-5658 to put your child on the Interest Lists.

Supplemental Needs Trust, When to Fund and Possible Taxes Consequences

Many parents with children with special needs consider adding a Supplemental Needs Trust (“SNT”) to their Estate Plan. Using a SNT to receive assets and money from a parent’s estate is how many parents try to avoid disqualifying their child from receiving government benefits. For Supplemental Security Income (“SSI”) eligibility, applicants must be a U.S. citizen or national (or one of the limited categories of aliens), and over 65 years old, blind, or disabled, with limited income and resources.

To keep the child’s income and resources low in non-existent for benefits qualification, selection of the appropriate Trust is crucial. There are three types of special needs trusts to options to evaluate.

Master Pooled – The Arc of Texas can offers their services for a Master Pooled Trust (click here for more info).

Another type of SNT is a 1st Party or Self-Settled SNT. This is typically used when a disabled individual receives a personal injury settlement or child support. The funds of the 1st Party SNT after termination are subject to a claim of reimbursement by Medicaid Estate Recovery Program (government payback).

The most commonly obtained SNT is a 3rd Party Supplemental Needs Trust. When setting up Estate Plans, parents of children with special needs can, in their Last Will and Testament, can provide for long-term care of their child by leaving inheritance to the Trustee of the 3rd Party SNT. The parents are both the settlors/grantors, and initial trustees.

Some individuals wish to avoid probate, but are unsure of how to fund their child’s SNT. Many parents turn to life insurance for financing the years of care their child will require after both parents have passed.

As a rule, you should coordinate between the attorney drafting the SNT, the agent writing up the life insurance policy, and your accountant or financial advisor who should determine whether the estate plan is advisable for tax purposes.

For most people, the SNT remains unfunded during the lives of the parents/settlors, and as the trustees, the parents have no responsibilities or owe any duties to the Trust.

QUESTION: Do you want to prohibit the SNT from owning life insurance on the life of the parents/settlor?

Yes. The SNT agreement should be written so that the Trust will not be allowed to own a life insurance on the life of the Settlor.

Question: If the 3rd Party SNT is funded, is it a Qualified Disability Trust?

To meet the criteria to be considered a Qualified Disability Trust (“QDisT”), the SNT must be irrevocable, for the sole benefit of the individual with a disability under the age of 65, whose disability is as defined for purposes of SSI and/or SSDI programs. Have your accountant look at the deemed exemption of $4,150. This exemption amount is allowed in full and is not subject to phaseout in 2025 under the Tax Cuts and Jobs Act of 2017.

Question: What is a grantor trust and what are the tax benefits?

A Grantor Trust, as defined by the Social Security Administration, is a !st Party or Self-Settled trust where the Grantor/Settlor is also the sole beneficiary of the trust.

Texas School Finance

Do you have a child in public school? Is your child receiving the best education possible? How is your child’s school campus? Are there enough qualified teachers, paraprofessionals, and therapists? What are your thoughts about tying school funds to STAR test results?

Now is the time to call, not email, your state senators and representatives and tell them your thoughts and concerns about your child’s education.

I had an opportunity at a Civil Association meeting January 15th to see SBISD Superindendent Muri and Minda Caesar, Trustee. At the meeting, we learned that the Bond passed November 2017 by voters provided $898.4 million to replace or improve schools in Spring Branch. Work towards new buildings, increased safety and security, and acquiring upgraded classroom equipment has already begun. For more details, click https://www.springbranchisd.com/about/bond-2017

What is going on in Austin regarding our 5.4 million Texas students? The 86th Texas Legislature begun this month and will continue until May 27th. The Houston Chronicle’s January 10th article “Texas House Speaker Bonnen makes the case to conservatives to beef up education funding” describes why we as Texans need to focus on our children’s educational needs. Although Texas has more high school seniors graduating, our fourth graders have difficulty in certain subjects, and dropped to No. 46 in national rankings for reading. Voice your opinion as to how this problem can be addressed.

We have a Texas Commission on Public School Finance who submitted a report in December last year with about thirty recommended improvements. Both the House and Senate have their proposals, including a pay raise for teachers. I encourage parents to read about the proposals and call your representatives. As of January 16, 2019, the Texas House and Senate are about $3 billion apart on proposals for public education spending.

Contact John Cornyn’s DC office at 202-224-2934; Ted Cruz’s DC office at 202-224-5922 and look at https://www.govtrack.us/congress/members/TX#representatives

for more information to find your Representative and their phone number.

Parents – Balance Your Holidays with Me Time?

When I read articles on parent websites that talk about “me time” I chuckle and think to myself, if only they knew. If only they knew that during the holidays, when my ten year old son, who is Autistic and has ADHD, is home with me, with no school schedule to adhere to, it takes about one and a half to two hours to get him dressed and out the door.

How does one take “me time” when one is constantly nudging their child to perform regular tasks. I decided to work on my pessimistic attitude about my ability to have a jolly time during the holiday break. I know my son and I know I need to be realistic.

Let’s start with declining some invitations. Or if we really must attend a party or event, we just pop in for a short visit. There may be some offended people who cross our path during this break, but I need to focus on my son and myself.

Are we going to attend every holiday party we are invited to? No.

If we do make it to a party, are we going to leave early? Probably, unless trampolines are involved.

Honestly, we have been averaging thirty minutes per party/outing, before my son is uncomfortable and truly needs to leave. Even church service yesterday was cut short at around thirty minutes, instead of the usual one hour. For my son, there were too many differences in the service, too many people in the pews, and Sunday school only held his interest for five minutes.

Given that I know that when I ask my son to get dressed at 9 am, it will most likely be 11 am before we are ready to leave the house, I have decided that I am not going to spend two hours begging my son to get dressed. During part of that begging-free time, I will allocate a few minutes to the new me time. Now that I am thinking about it, we will probably spend the next couple of days at the house, in PJs, eating my son’s favorite foods – pancakes and popcorn, and watching movies.

Happy holidays!