• Skip to primary navigation
  • Skip to main content

Duffy Law Office, PLLC

Helping Families Preserve Their Wealth

  • Home
  • Our Firm
    • About Our Firm
    • About The American Academy
    • Advantages of Working With Our Firm
    • Attorney and Staff Profiles
    • Speaker Connection
  • Services
    • Asset Protection & Business Planning
    • Elder Law & Medicaid Services
    • Estate and Gift Tax Figures
    • Estate Planning Services
    • Family-Owned Businesses & Farms
    • Financial Planning Assistance
    • Incapacity Planning
    • IRA & Retirement Planning
    • LGBTQ Estate Planning
    • SECURE Act
    • Special Needs Planning
    • Trust Administration & Probate
  • Seminars
  • Reports
    • Advanced Estate Planning
    • Basic Estate Planning
    • Estate Planning For Niches
    • Trust Administration
  • Resources
    • Client Resources
    • Consumer Resources
    • Published Books
  • BLOG
  • Contact Us
  • (563) 445-7400
  • Attend a Free Seminar
  • Show Search
Hide Search

The Disabled Military Child Protection Act

Dennis D. Duffy · May 20, 2012 ·

Planning for the continued care of special needs children is never easy, but a proposed law in the House of Representatives could make it a little less challenging for military retirees. The Disabled Military Child Protection Act, House Bill 4329, changes how military retirees can use their pensions in estate planning for their disabled children.

Under the current law, military retirees can put up to 55% of their monthly pensions aside to be used as a stipend for family members when the retiree passes away. This stipend can complicate special needs planning as it counts as income that could disqualify a special needs child or adult from receiving government benefits. The Disabled Military Child Protection Act proposes to allow military retirees to elect to have their retirement benefits transferred to a Special Needs Trust upon their death. The Trust can then be used for the supplemental care of a special needs child without disqualifying that child from receiving government benefits.

The Disabled Military Child Protection Act is a step in the right direction. However, it is still a long way from becoming law and more is needed to protect the special needs children of military personnel and others. If you have a special needs child, talk to an estate planning attorney about your options to provide continued care for your child.

  • Author
  • Recent Posts
Dennis D. Duffy
Latest posts by Dennis D. Duffy (see all)
  • Attorneys Want to Help - December 14, 2016
  • Trusts and the Estate Tax - December 14, 2016
  • What Is a Third Party Special Needs Trust? - December 14, 2016

Special Needs Planning military, Special Needs Trust

Where we are

1840 E 54th St
Davenport, IA 52807
United States (US)
Phone: (563) 445-7400

Opening hours

Monday8:30 AM - 4:30 PM
Tuesday8:30 AM - 4:30 PM
Wednesday8:30 AM - 4:30 PM
Thursday8:30 AM - 4:30 PM

Map

duffy_hmpg_map.png

© 2021 · American Academy of Estate Planning Attorneys, Inc. | Disclaimer | Privacy Policy | Sitemap | Contact Us