In this episode, Jill welcomes Kristen Lewis, a nationally recognized special needs estate planning attorney, to unpack the critical legal and financial steps families should take to secure the future of a loved one with special needs. They explore common misconceptions, how traditional estate planning often fails these families, and why comprehensive special needs planning requires much more than just drafting a trust.

This is Part 1 of a two-part conversation, diving deep into government benefits, asset limits, trust types, and common pitfalls. Whether you’re a parent, grandparent, or caregiver, this episode is packed with essential guidance to help you plan with confidence.

Topics Discussed

• Why traditional estate planning is often insufficient for families with a loved one who has a disability
• The network of special needs trusts — not just one trust, but several working together
• The importance of a coordinated family approach to avoid well-meaning but harmful gifts or inheritances

Government Benefits

• SSI (Supplemental Security Income) and Medicaid
• SSDI (Social Security Disability Insurance) and Medicare

Essential Trust Types Explained

• Third-party special needs trusts (funded by parents, grandparents, etc.)
• First-party special needs trusts (funded with the assets of the individual with the disability)
• Understanding the Medicaid payback requirement — and how to avoid it when possible

Common Mistakes & Misconceptions

• Why disinheriting a child with special needs is NOT the solution
• How grandparents’ gifts and bequests can unintentionally disrupt eligibility for government benefits

Articles & References

• The Case for Updating SSI Asset Limits – Center on Budget and Policy Priorities
• Georgia Council on Developmental Disabilities - Georgia’s NOW/COMP Waiver Waitlist: The Time is Now
• Bobby Dodd Institute - How to Get Approved for a Medicaid Waiver by Only Following This Simple Checklist
• Transcripts for The Death Readiness Podcast

Questions about special needs estate planning?

Email Jill at Jill@OversimplyLLC.com.

If she notices a lot of the same questions, she and Kristen will record a follow-up episode to answer these popular questions.

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Programming Note: The Death Readiness Podcast is moving to an every-other-Friday release schedule to bring you thoughtful, high-quality content in a sustainable way.

In this heartfelt episode of The Death Readiness Podcast, host Jill Mastroianni sits down with her father, Carmen Mastroianni, to discuss his journey raising her older brother, Dan, who was born with Down syndrome in 1977. Through personal stories and reflections, Carmen shares the challenges, triumphs, and advocacy efforts that shaped their family’s experience, from navigating early medical uncertainties to ensuring Dan’s inclusion in school, sports, and community life.

Jill and her father discuss how societal attitudes toward children with special needs have evolved over the decades and the crucial role of advocacy in securing opportunities for Dan. They highlight the importance of inclusion, the impact of strong support networks, and the ways Dan’s own resilience shaped his life. You’ll also hear insights from Dan himself, as Jill includes clips from a special interview in which he shares his thoughts on his life, independence, and how he views his Down syndrome diagnosis.

Beyond the personal journey, the conversation also explores long-term planning for individuals with special needs, including Dan’s decision to transition into a group home, the financial and legal considerations of special needs trusts, and how families can prepare for the future of their loved ones.

This episode is a moving and informative discussion on love, advocacy, and the responsibilities that come with ensuring a fulfilling and secure future for family members with special needs. Whether you are a parent, sibling, or community member, this conversation offers valuable lessons on inclusion, resilience, and planning for the road ahead.

Together, Jill and Carmen discuss:

• The emotional and logistical challenges of raising a child with special needs in the 1970s
• The importance of advocacy in education, community inclusion, and extracurricular activities
• How early intervention programs and support networks can make a life-changing impact
• Dan’s personal perspective on his life, his independence, and his Down syndrome diagnosis
• The decision-making process behind transitioning into a group home
• Key financial and legal considerations in planning for the future
• The impact of technology on accessibility and communication for individuals with disabilities

Resources & Links:

Center for Disability Services: Residential Services

Center for Disability Services

314 South Manning Blvd.
Albany, NY 12208
518-437-5700

The Center for Disability Services is a nonprofit organization in New York that provides comprehensive support and services for individuals with disabilities. The Center played a crucial role in securing supportive housing and care for Dan. Through its commitment to inclusion and individualized care, the Center continues to provide essential resources that empower individuals with disabilities to lead fulfilling lives.

Gerald B. Healy, MD, FACS was an ear, nose, and throat specialist at Children’s Hospital in Boston who played a critical role in saving Dan’s life. Dan suffered from severe respiratory issues as a toddler—issues that local doctors were unable to diagnose. Dr. Healy identified that Dan’s airway was dangerously small due to enlarged tonsils and adenoids and recommended immediate surgery.

Kids Like These is a 1987 TV movie that tells the story of a couple who has a baby with Down syndrome. The script was co-written by Emily Perl Kingsley, a well-known advocate for individuals with disabilities, along with Allan Sloane. Kingsley, whose own son, Jason Kingsley, has Down syndrome, infused the film with real-life experiences to highlight the struggles and triumphs of parenting a child with special needs.

One notable detail from the movie was inspired by Dan’s mother, who once shared a story with Emily Perl Kingsley about Dan being denied a library card because he couldn’t sign his name. This real-life event was later referenced in the film, illustrating the systemic barriers faced by individuals with disabilities and the importance of advocacy.

Connect with Jill:

• Website: OversimplyLLC.com
• Email: jill@oversimplyllc.com
• Subscribe to receive news and updates.

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What happens after someone passes away? Who handles the logistics, financial matters, and legal steps? In this episode, Jill speaks with Mollie Lacher, a leader in the after-loss services industry, about the often-overlooked challenges of estate administration and how professionals can help families navigate these responsibilities.

Mollie shares her personal journey from project management to estate administration, sparked by her own experiences after the deaths of her father and brother-in-law. She explains how after-loss professionals provide essential support to grieving families and executors.

Together, Jill and Mollie discuss:

• The critical role of after-loss professionals in estate settlement
• Why naming a corporate fiduciary isn’t always the best plan
• The common challenges executors face and how to prepare
• The importance of professional support in settling estates
• How PALS (Professionals of After-Loss Services) is shaping this new industry

Whether you’ve been named an executor or just want to understand what happens after a loss, this episode provides practical advice and insights to help you navigate the process.

Resources & Links:

• Learn more about After-Loss Professionals
• Connect with Mollie Lacher & Sunny Care Services
• Listen to The Move In Senior Living Marketing podcast: Smooth Transitions: Happy Futures, with Maureen, Lisa and Matt
• Learn about LivNow Relocation’s services
• Check out Matt Paxton’s Clutter Cleaner business
• Watch Matt Paxton’s appearance on Jimmy Kimmel

Connect with Jill:

• Website: OversimplyLLC.com
• Email: jill@oversimplyllc.com
• Subscribe to receive news and updates.

Did you enjoy this episode? Share it with someone you care about.