[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"detail-sidebar-cat-1-en-105":3,"doc-seo-302411-105":53,"doc-detail-302411-en":126},{"code":4,"msg":5,"data":6},0,"success",[7,14,19,24,29,34,39,44,49],{"id":8,"doc_module":9,"doc_module_name":10,"category_name":11,"show_sort_weight":12,"slug":13},11,1,"Template","Presentations",90,"presentations",{"id":15,"doc_module":9,"doc_module_name":10,"category_name":16,"show_sort_weight":17,"slug":18},12,"Resumes",80,"resumes",{"id":20,"doc_module":9,"doc_module_name":10,"category_name":21,"show_sort_weight":22,"slug":23},14,"Invoices",70,"invoices",{"id":25,"doc_module":9,"doc_module_name":10,"category_name":26,"show_sort_weight":27,"slug":28},15,"Posters",60,"posters",{"id":30,"doc_module":9,"doc_module_name":10,"category_name":31,"show_sort_weight":32,"slug":33},16,"Social Media",50,"social-media",{"id":35,"doc_module":9,"doc_module_name":10,"category_name":36,"show_sort_weight":37,"slug":38},17,"Forms",40,"forms",{"id":40,"doc_module":9,"doc_module_name":10,"category_name":41,"show_sort_weight":42,"slug":43},18,"Letters",30,"letters",{"id":45,"doc_module":9,"doc_module_name":10,"category_name":46,"show_sort_weight":47,"slug":48},21,"Paper Templates",5,"papers-templates",{"id":50,"doc_module":9,"doc_module_name":10,"category_name":51,"show_sort_weight":4,"slug":52},158,"General","general-158",{"code":4,"msg":54,"data":55},"ok",{"site_id":56,"language":57,"slug":58,"title":59,"keywords":60,"description":61,"schema_data":62,"social_meta":119,"head_meta":121,"extra_data":123,"updated_unix":125},105,"en","estate-planning-for-families-with-special-needs","Estate Planning for Families With Special Needs","","Estate Planning for Families With Special Needs outlines key gifting and tax concepts relevant to special-needs planning. It explains how gifts can avoid step-up basis, when Form 709 is due, and how the annual exclusion works, including trust and Crummey power requirements. The materials cover UTMA custodial accounts, 529 qualified tuition plans, five-year election gifts, unified credit, GST exemption, and limitations on dynasty trusts. It also introduces wills and core will terminology.",{"@graph":63,"@context":118},[64,80,101],{"@type":65,"itemListElement":66},"BreadcrumbList",[67,71,74,77],{"item":68,"name":69,"@type":70,"position":9},"https://docshare.wps.com","Home","ListItem",{"item":72,"name":10,"@type":70,"position":73},"https://docshare.wps.com/template/",2,{"item":75,"name":51,"@type":70,"position":76},"https://docshare.wps.com/template/general/",3,{"item":78,"name":59,"@type":70,"position":79},"https://docshare.wps.com/template/estate-planning-for-families-with-special-needs/302411/",4,{"url":78,"name":59,"@type":81,"image":82,"author":87,"headline":59,"publisher":90,"fileFormat":93,"inLanguage":57,"description":61,"dateModified":94,"datePublished":95,"encodingFormat":93,"isAccessibleForFree":96,"interactionStatistic":97},"DigitalDocument",{"url":83,"@type":84,"width":85,"height":86},"https://docshare.wps.com/thumbnails/estate-planning-for-families-with-special-needs/302411.png","ImageObject",442,249,{"name":88,"@type":89},"Asher","Person",{"url":68,"name":91,"@type":92},"DocShare","Organization","application/pdf","2026-09-23","2026-09-19",true,{"@type":98,"interactionType":99,"userInteractionCount":73},"InteractionCounter",{"@type":100},"ViewAction",{"@type":102,"mainEntity":103},"FAQPage",[104,110,114],{"name":105,"@type":106,"acceptedAnswer":107},"What are the requirements for annual exclusion gifts, and how do trusts affect eligibility?","Question",{"text":108,"@type":109},"Up to the annual exclusion amount can be gifted each year to multiple individuals if the gifts are present interest. If a gift is made to a trust, beneficiaries must receive sufficient notice and have the right to withdraw the amount (Crummey power) for the annual exclusion to apply.","Answer",{"name":111,"@type":106,"acceptedAnswer":112},"How do five-year annual exclusion gifts work for estate tax purposes?",{"text":113,"@type":109},"A contributor can make five years of annual exclusion gifts at one time for each beneficiary without incurring federal gift tax. However, no other annual exclusion gifts to that child can be made during that five-year period, and if the donor dies before the period expires, the payments will be included in the contributor’s estate.",{"name":115,"@type":106,"acceptedAnswer":116},"What is covered under a will and who are the main parties mentioned?",{"text":117,"@type":109},"A will directs the distribution of assets held in an individual’s name at death and is executed in the presence of at least two witnesses. Key terms include the testator/testatrix, probate as the surrogate court process, and the executor/executrix who carries out the will’s wishes after receiving Letters Testamentary.","https://schema.org",{"og:url":78,"og:type":120,"og:title":59,"og:site_name":91,"og:description":61},"article",{"robots":122,"canonical":78},"index,follow",{"doc_id":124,"site_id":56},302411,1790186956,{"code":4,"msg":5,"data":127},{"doc_id":124,"user_id":128,"nickname":88,"user_avatar":129,"doc_module":9,"category_id":50,"category_name":51,"doc_title":59,"doc_description":61,"doc_content":130,"file_id":131,"file_url":132,"file_type":133,"file_size":134,"view_count":73,"is_deleted":4,"is_public":9,"is_downloadable":9,"audit_status":9,"page_count":135,"language":136,"language_code":57,"site_id":56,"html_lang":57,"table_of_contents":137,"faqs":138,"seo_title":139,"seo_description":61,"update_tm":140,"read_time":141},687197207639,"https://ap-avatar.wpscdn.com/davatar_a8503ba1806abce46bf441b54a3ca4cd","Grandparents’Support Group for the Autism Center at WJCS May 14, 2014  \nEstate Planning for Families With Special Needs  \nLeslie Levin, Esq.  \nSpecial Counsel  \nCuddy & Feder LLP  \n445 Hamilton Avenue  \n14th Floor  \nWhite Plains, NY 10601 Phone: 914-761-1300  \nFax: 914-761-5372  \n[llevin@cuddyfeder.com](llevin@cuddyfeder.com)  \n[www.CuddyFeder.com](www.CuddyFeder.com)  \nGifts  \nUnder current law, assets do not receive a step-up in basis on the date of the gift. A Federal Gift Tax Form 709 must be filed in April of the year following the date of the gift.  \nAnnual Exclusion-Up to $14,000 can be gifted annually during lifetime to as many individuals as donor desires. No limit on how many people or to whom. Must be gift of present interest (right to immediately enjoy the gift) . If giving annual exclusion gift to a Trust, then the Trust beneficiary must be given sufficient notice of the contribution and must have the right to withdraw that amount (i.e., Crummey power) . Assets can be transferred to a trust and still qualify for exclusion (such as a Life Insurance Trust) . Gifts that qualify for the annual exclusion typically qualify for the GST tax exemption (see discussion below) but if made to a trust then the trust must be for the benefit of only one beneficiary and the assets of the trust must be includable in the estate of the beneficiary.  \nCustodial Account-You create an account for the benefit of a minor (person under the age of 21) pursuant to the Uniform Transfer to Minors Act in New York (UTMA) . If you name someone other than yourself as custodian, then the account will not be includable in your estate if you die before the minor attains the age of 21.  \nSection 529 Qualified Tuition Plans - Regulated by both state and federal law. The Plans allow for tax free growth on assets. Money in account can be used for tuition, room and board, books, supplies, and other qualified higher education expenses at postsecondary school (college, graduate school and vocational school) . Some states have contribution limits (New York is $375,000) . The contributor can be the account owner and should provide for a contingent account owner in case of disability. The account owner does not make investment decisions, but chooses among alternatives offered by the particular state's plan. Contributions are not deductible under federal tax law. New York does allow deductions up to $5,000 of contributions made to New York Plan ($10,000 for a married couple filing jointly) . The earnings ofthe fund are not taxable and withdrawals from the plan are not taxable if used for qualified educational expenses for the beneficiary.  \nThe contributor can make five years of annual exclusion gifts at one time for each beneficiary without incurring federal gift tax. At present time that is $70,000 (5 x $14,000 = $70,000) or $140,000 for a married couple filing jointly. The one caveat is that such contributor cannot make any other annual exclusion gifts to that child for five years. The plan assets are usually not included in the estate of the contributor. However, if the five year election is made, the payments will be included in the contributor's estate if the donor dies before the expiration of the five year period.  \nIf the beneficiary dies the assets are included in the beneficiary's estate. If the beneficiary does not need the money in the account, then donor can name another eligible family member as beneficiary on the account and use the 529 assets to pay for that person's education or donor can close the account and earnings will be subject to federal income tax and an additional 10% federal income tax, as well as state and local income taxes.  \nApplicable Exclusion Amount (unified credit) -Up to $5,340,000 can be gifted during lifetime without paying a federal gift tax (current rate is 40% and is usually paid by donor) . Available applicable exclusion upon death will be reduced upon by amount used to shelter lifetime gifts from federal gift tax. As","cbCaitifc7wFcahn","https://ap.wps.com/l/cbCaitifc7wFcahn","pdf",277288,26,"English","# Gifts\n## Annual Exclusion\n## Custodial Account (UTMA)\n## Section 529 Qualified Tuition Plans\n## Five-Year Election\n## Applicable Exclusion Amount (Unified Credit)\n## Generation Skipping Transfer (GST) Tax Exemption\n## Dynasty Trust\n## Tuition Expenses\n# Will\n## What is a Will?\n## Terms Used in a Will","[{\"question\":\"What are the requirements for annual exclusion gifts, and how do trusts affect eligibility?\",\"answer\":\"Up to the annual exclusion amount can be gifted each year to multiple individuals if the gifts are present interest. If a gift is made to a trust, beneficiaries must receive sufficient notice and have the right to withdraw the amount (Crummey power) for the annual exclusion to apply.\"},{\"question\":\"How do five-year annual exclusion gifts work for estate tax purposes?\",\"answer\":\"A contributor can make five years of annual exclusion gifts at one time for each beneficiary without incurring federal gift tax. However, no other annual exclusion gifts to that child can be made during that five-year period, and if the donor dies before the period expires, the payments will be included in the contributor’s estate.\"},{\"question\":\"What is covered under a will and who are the main parties mentioned?\",\"answer\":\"A will directs the distribution of assets held in an individual’s name at death and is executed in the presence of at least two witnesses. Key terms include the testator/testatrix, probate as the surrogate court process, and the executor/executrix who carries out the will’s wishes after receiving Letters Testamentary.\"}]","Estate Planning for Families With Special Needs | PDF",1789792554,9]