ABLE (Achieving a Better Life Experience Act) accounts have become a popular savings tool for special needs individuals since the ABLE Act became law in December of 2014. Now that such accounts have been in existence for few years, many individuals are more familiar with the benefits of establishing an ABLE account. However, it is important to remember when an ABLE account should not be used: 1) for an individual who was not disabled before age 26; 2) when receiving an inheritance or settlement that exceeds $14,000 (or annual gift tax exclusion amount); 3) for a beneficiary who may be susceptible to exploitation, given that a beneficiary has the unilateral right to withdraw money from the ABLE account; and 4) as the sole answer to estate planning for an individual with special needs. An ABLE account should not replace a conversation with your estate planner on the potential benefits of a special needs trust.
For more information, contact Joan Skrzyniarz in the Troy, Michigan office at 248-433-7521.