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Estates and Trusts

Thomas E. Simmons

Selected Works

2012

Articles 1 - 2 of 2

Full-Text Articles in Law

Grantor Trusts: The Who, The What, The Where, The Wherefore, And The Wherewithal, Thomas E. Simmons Dec 2012

Grantor Trusts: The Who, The What, The Where, The Wherefore, And The Wherewithal, Thomas E. Simmons

Thomas E. Simmons

In a “grantor trust,” the grantor is treated as the owner for income tax purposes. All income generated by the trust assets of a grantor trust is taxed to the grantor. Essentially, the trust is ignored for income tax purposes. When an individual creates a revocable living trust and funds it with his or her own assets, for example, the trust is a grantor trust for federal income tax purposes until the grantor’s death. These written materials summarize the history of the grantor trust rules, discuss the rules in context, and illustrate the rules in operation with an outline of …


Estate Planning For Individuals With Disabilities, Thomas E. Simmons Dec 2011

Estate Planning For Individuals With Disabilities, Thomas E. Simmons

Thomas E. Simmons

The basic federal safety net program for elderly, blind and disabled persons is Supplemental Security Income (SSI). The Social Security Administration (SSA) administers the program and eligibility is based upon financial need. The basic eligible criteria are that an individual have less than two thousand dollars ($2,000) in assets, or three thousand dollars ($3,000) for a couple, although certain limited resources are excluded.
There are also income limitations that individuals must satisfy to qualify for SSI.

SSI’s sister in welfare benefits is the Medicaid (Title 19) program. While SSI is entirely a federal program, Medicaid, which shares the same basic …