Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Tuesday, July 4, 2023

Third-Party and Self-Created Trusts: A Modern Look

Practical handbook provides expert advice on drafting the most effective trusts for elderly and disabled clients.Written by Clifton B. Kruse, Jr., a well-known expert in the fields of estate planning and elder law, this updated edition of Third-Party and Self-Created Trusts explains the effect that governmental legislation has had on trust law and guides you through the maze of federal laws that affect planning for the elderly and disabled. Focusing on the effect of the Omnibus Budget Reconciliation Act of 1993 on trusts for older and disabled Americans, this guide includes the full text of this act and outlines how it affects the drafting of trusts, illustrated by a comprehensive chart showing OBRA 1993's effect on nine commonly used trusts.

Third-Party and Self-Created Trusts includes sample forms and language reflecting the most current rulings, dozens of real-world examples, and detailed endnotes that will help you:

    • Draft trusts for individuals who have disabled children or elderly or disabled parents so that the trust beneficiary is not disqualified from receiving government entitlement programs
    • Outline the necessary case law and language that should be considered when drafting wills and trusts for such clients
    • Include language in the trust for disabled clients who may be receiving Medicaid and wish to retain a supplemental fund for themselves until their death.

In addition to updating the material from the earlier editions, the trust forms have been amended where appropriate.


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