if the OP/friend can't figure out whether she qualifies for an ABLE account then yes use an elder law attorney. But the rules are pretty straightforward. She either qualifies for ABLE or she doesn't:Inadvertantly running afoul of the law could eat up far more in attorney fees.i think an elder law attorney could eat hundreds or a few thousands of the $25k. It's really a small amount of money to be eaten up by legal fees.The executor and beneficiary should meet with an elder/family law attorney to discuss options. If an attorney is representing the estate, start there. He or she will refer to a different attorney if appropriate.
Who is eligible to open an ABLE account?
Individuals are eligible to open an ABLE account if their disability began before age 26* and they meet the required severity of disability in one of two ways: (1) they are receiving Supplemental Security Income payments or Social Security Disability Insurance Benefits; OR (2) their licensed physician signs a document (sample disability certificate) including the diagnosis and stating that they have “marked and severe” functional limitations which began before age 26. Enrollment requirements vary by state. Typically, the account owner or authorized legal representative (ALR) certifies that they have this documentation and are not required to upload a copy of it during the enrollment process. Remember, an ABLE account may be opened at any age and the account is always opened in the name of the person who has the disability.
*Please note, on January 1, 2026, the age of ABLE eligibility is expanded to include people who have a disability that began before age 46.
Statistics: Posted by arcticpineapplecorp. — Wed Sep 25, 2024 9:07 pm — Replies 17 — Views 887