Rebecca Ryan
My Story:
Chair of Legal AffairsI am married to an all-around good guy, John, and we have fantastic boys, both of whom make us proud every day. I'm originally from Houston, but have lived in many places. We are currently calling Austin our home, and we love the weather (well, except August) and all the activities that families can enjoy here. Like my many varied homes, I have a varied career track. I began my professional life as an economist working for international agencies. After our oldest son was diagnosed ASD, I jumped into the ABA world, working first as a line therapist and eventually working my way up to a consultant. I received my M.Ed. in Autism and Early Childhood Special Ed at the University of Texas-Austin. In 2007, I received my J.D., also from UT-Austin, and began practicing law. My areas of specialty are Estate Planning/Probate and Special Education law. I love both areas, though one is certainly more contentious than the other; I find that they balance each other out! My hope is to be able to empower parents to advocate effectively for their children's education by providing them with knowledge and training.
Law Offices of Rebecca Ryan
4113 Rosedale Avenue
Central Texas, TX 78756
512-590-0505
http://www.rebeccaryanlaw.com
David Bienke / Cirkiel & Associates
1901 E. Palm Valley
Round Rock, TX 78664
512-244-6658
Yvonnilda Muniz
PO Box 92018
Central Texas, TX 78709
512-288-4279
Articles
THIRD-PARTY FUNDED SUPPLEMENTAL NEEDS TRUST: WHY PARENTS OF CHILDREN WITH A DISABILITY SHOULD CONSIDER ONE
A Supplemental Needs Trust is a vital, yet often overlooked, tool in planning for your disabled child's long-term well-being. A Supplemental Needs Trust (also known as a Special Needs Trust) supplements, rather than supplants, the basic services provided through governmental programs. These Trusts can be used as a repository for assets that would otherwise pass to the disabled individual.
The Medicaid Assistance Program and Medicaid waiver programs are governmental programs that can provide housing and medical care for those who meet certain disability and financial criteria. The financial criteria stipulate that an individual may only have limited resources, which is defined as no more than $2,000 in "countable resources." Some resources are excluded, or not counted, when determining whether a person qualifies, including a person's place of residence, a car, household goods and personal effects that are valued at less than $2,000. Because of the strict income and asset requirements of Medicaid and SSI, recipients of these services are at risk of losing their benefits if they receive unanticipated funds or other assets. For this reason, some families should consider establishing a Supplemental Needs Trust.
The trusts can be used for a variety of purposes, save those barred by the regulations; in short, the funds from the trust cannot be used to provide the beneficiary with food, shelter (excepting a person's place of residence), or cash. However, the funds can be used to purchase a car, a residence, clothing, movie tickets, vacations, and educational services, amongst others.
When a third party, such as parent or grandparent, transfers money to a supplemental needs trust, those assets are generally not counted for eligibility purposes so long as the beneficiary has no power to revoke the trust or direct the use of its assets. Other means of funding such trusts are with dual-life insurance policies. These policies are relatively affordable for couples to purchase and will pay out benefits at the death of the surviving spouse. It is important to communicate to all parties that may bequeath or otherwise assign property to your child that all such gifts are made to the Trustee of the trust, rather than directly to your child. Another benefit to the third-party trust is that there is no governmental payback requirement; any remainder left in the trust at the end of the primary beneficiary's life can be left to other family members if you so choose.
Parents can choose to be the Trustees of their child's Supplemental Needs Trust. Alternatively, parents can opt to have a corporate trustee. This option, however, can be costly, charging up to 1-3% of the assets held by the Trust on an annual basis. Another option is the Master Pooled Trust, managed by the ARC of Texas. For more information regarding the ARC's program, see http://www.thearcoftexas.org/programs/masterpooledtrust
Rebecca Ryan, Esq.
Law Offices of Rebecca Ryan
Austin, TX 78756
512-590-0505
info@rebeccaryanlaw.com
www.rebeccaryanlaw.com
Estate Planning, Probate & Special Education Law
Website Resources
Travis County Bar Association
website maintained by the Austin Bar Association; lists sections and their contacts, local practitioners
Official website of the Travis County Probate Court
American Bar Association
providing simple answers to commonly asked questions
COPAA (Council of Parent Attorneys and Advocates)
TOPAA (Texas Organization of Parents, Advocates and Attorneys)
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