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October 12, 2007


Robert Fleming


Your observations are spot-on with what I have seen. There is a tremendous amount of confusion among estate planning experts about Special Needs Trusts. Is a payback provision required? (Not always) Can anything be done after an inheritance has already arrived? (Almost always) Isn't it preferable to just transfer the assets belonging to (or received by) a person with disabilities to a trusted family member? (Almost never)

For readers: Andy is known all over the country for a simple observation he began making a couple decades ago about durable powers of attorney: they are more than just forms. That is so very true about Special Needs Trusts, too. I guess you might say Andy's practice focuses on planning that is more than just forms.

Robert Fleming
Fleming & Curti, PLC
Tucson, Arizona

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