GUILTY MO - Hailey Owens, 10, Springfield, 18 Feb 2014 #2

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He's kind of old but it's possible he's exhibiting onset of schizophrenia, if hasn't had the onset already. It's usually when men are around 18 to 20 (women 25) but it's not unheard of to have later onsets.

ETA: No source.... I just know that from my social work experience as well with a plethora of knowledge surrounding mental illness and imprisonment (I worked in jails and prisons for a while for adults and minors, then did drug abuse treatment center then moved to foster care and had to leave that because it was too sad.)
 
Division 22 - Associate Circuit Judge Jason Brown
B.A. in 1985 at University of Missouri - Columbia
J.D. in 1988 at Vanderbilt University, Nashville, TN
Practiced Law for 16 yrs -- last three with Lathrop & Gage
Appointed Associate Circuit Judge January 1, 2005; Elected in 2006
 
PoirotryInMotion said:
I'm thinking it's more likely that it's just a family trust (he also has a younger brother who would be part of that). They have acreage, and it would protect the family farm.

Also, while we might wonder about his state of mind (to commit this sort of crime), he wasn't/isn't mentally disabled, which is what that special needs trust is about. By all accounts he was intelligent, graduated college (eventually), and was able to hold down a full-time job plus coaching for 16 years.
Click to expand...


That's not exactly true that he would have to be mentally disabled for a special needs trust to be put in place.

As many here know my child was a victim when he was very young. As a result he had some therapy for PTSD and I was told at that time he may need some in the future.
I sued a lot of agencies, for an incredibly huge amount of money.
I did not want my child to receive it as a lump at 18, 20 or 30 whatever.
He will be able to have whatever he needs. He will never be able to go out and buy Lamborghini's and his own island.
So with the help of an attorney, I set up a special needs trust.


If this guy only works part time he could still legally qualify for all sorts of government assistance & benefits.




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Yes, we just set up a family trust last week for our kids that also ensures they can't go spend it all (lol, so to speak) in one fell swoop--that's the nature of a trust. But still, from the description at that site, the 'special needs trust' is for someone with a disability (and PTSD would qualify). We have no evidence that the trust mentioned in this case is a single one just for CW due to his having a mental disability. So, my inclination, personally, is still to lean in the direction of family trust protecting the farm and family assets for their sons (which still limits payouts, typically at different decades in the child's life--25th birthday, 35th birthday, and so on).

ETA: CW didn't work part-time. He worked full-time as a teacher's assistant plus coach on the side. While that means he had two months off in the summer, it's still a full-time job (as any teacher will tell you. ;))

Really sorry about your son, but glad he's taken care of.
 
PoirotryInMotion said:
Yes, we just set up a family trust last week for our kids that also ensures they can't go spend it all (lol, so to speak) in one fell swoop--that's the nature of a trust. But still, from the description at that site, the 'special needs trust' is for someone with a disability (and PTSD would qualify). We have no evidence that the trust mentioned in this case is a single one just for CW due to his having a mental disability. So, my inclination, personally, is still to lean in the direction of family trust protecting the farm and family assets for their sons (which still limits payouts, typically at different decades in the child's life--25th birthday, 35th birthday, and so on).

ETA: CW didn't work part-time. He worked full-time as a teacher's assistant plus coach on the side. While that means he had two months off in the summer, it's still a full-time job (as any teacher will tell you. ;))

Really sorry about your son, but glad he's taken care of.
Click to expand...


Could very well be. And I agree that we have no idea if it's a single trust. But my understanding...He wouldn't qualify for a free attorney.

He would qualify with the special needs trust.

Has he definitively asked for and received a public defender?







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Linda7NJ said:
I think his trust may be a "special needs" trust.


With a special needs trust...nothing in his name and a part time job all makes sense.

http://en.m.wikipedia.org/wiki/Special_needs_trust

I just wanted to add that a special needs trust could have been set up when he was very young. Basically it means he would never be in control of that money.





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Click to expand...

So is it a special needs trust or not -- do we know? As I understand it, that type of trust is essentially a way to stay on the dole while sitting on piles of money that can be used for your benefit for your entire lifetim -- only the investment income of which is taxed. That would, indeed, explain the minimal income that wouldn't jeopardize gov't benefits.

~snipped from the link

First-Party Trusts – Grantor Trusts

Transferring assets into a self-settled or first-party special needs trust allows the person funding the trust to qualify for government benefits (at least Medicaid and SSI), but in most states the trust assets will not be protected from the claims of the beneficiary’s creditors. This may not be set out in state statutory law, but instead as a matter of public policy enshrined in court cases.

http://www.specialneedsalliance.org/the-voice/taxes-and-special-needs-trusts-2/
Because all of the trust assets may be used to satisfy the beneficiary’s own debts (or used for the beneficiary’s benefit), for federal tax purposes the trust is taxed as if there were no trust at all. That is, if the trust has investment income, it’s taxed as if the beneficiary had received the income directly, even if the income is not distributed to the beneficiary but instead remains in the trust. For tax purposes this type of trust is known as a “grantor trust.” Grantor trust status is important if not all trust income will be distributed to the beneficiary, because trust tax rates are generally higher than individual income tax rates and a regular trust must pay tax on any income not distributed to the beneficiary.

“But,” you say, “the trust was funded with a personal injury settlement, and that isn’t subject to income tax. Why is there any income tax to pay at all?” Usually funds received in a personal injury settlement are not taxable. However, if the money is then invested, the investment income generated will be subject to income tax.

It is important to point out that in a few states first-party trusts do not receive automatic grantor trust treatment. In those states, the lawyer may put in technical provisions that will cause the trust to be treated as a grantor trust in order to gain favorable income tax treatment.
 
PoirotryInMotion said:
Yes, we just set up a family trust last week for our kids that also ensures they can't go spend it all (lol, so to speak) in one fell swoop--that's the nature of a trust. But still, from the description at that site, the 'special needs trust' is for someone with a disability (and PTSD would qualify). We have no evidence that the trust mentioned in this case is a single one just for CW due to his having a mental disability. So, my inclination, personally, is still to lean in the direction of family trust protecting the farm and family assets for their sons (which still limits payouts, typically at different decades in the child's life--25th birthday, 35th birthday, and so on).

ETA: CW didn't work part-time. He worked full-time as a teacher's assistant plus coach on the side. While that means he had two months off in the summer, it's still a full-time job (as any teacher will tell you. ;))

Really sorry about your son, but glad he's taken care of.
Click to expand...


Thank you:)

Full time and all he made was $17,000??? He'd make more flipping burgers!


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PoirotryInMotion said:
Yes, we just set up a family trust last week for our kids that also ensures they can't go spend it all (lol, so to speak) in one fell swoop--that's the nature of a trust. But still, from the description at that site, the 'special needs trust' is for someone with a disability (and PTSD would qualify). We have no evidence that the trust mentioned in this case is a single one just for CW due to his having a mental disability. So, my inclination, personally, is still to lean in the direction of family trust protecting the farm and family assets for their sons (which still limits payouts, typically at different decades in the child's life--25th birthday, 35th birthday, and so on).

ETA: CW didn't work part-time. He worked full-time as a teacher's assistant plus coach on the side. While that means he had two months off in the summer, it's still a full-time job (as any teacher will tell you. ;))

Really sorry about your son, but glad he's taken care of.
Click to expand...

That's a spendthrift trust, not a special needs trust.

Spendthrift trust - Wikipedia, the free encyclopedia
 
Linda7NJ said:
Could very well be. And I agree that we have no idea if it's a single trust. But my understanding...He wouldn't qualify for a free attorney.

He would qualify with the special needs trust.

Has he definitively asked for and received a public defender?


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Click to expand...

He did ask for and receive one (Chris H.) at court on Friday. However, I think I read they were going to look into the trust allegations and make sure he qualifies.
 
PoirotryInMotion said:
He did ask for and receive one (Chris H.) at court on Friday. However, I think I read they were going to look into the trust allegations and make sure he qualifies.
Click to expand...


That should have taken them a New York second!




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Linda7NJ said:
Thank you:)

Full time and all he made was $17,000??? He'd make more flipping burgers!

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Click to expand...

True. Difference between having a teaching degree and not, I guess. Though, teachers don't make a whole lot, either. :)
 
Not to beat a horse here, but what does his trust, whether it's entirely in his name, what type it is have to do with the killing of Hailey Owens? Who cares what kind of trust he does or doesn't have? This creature did what he did and quite possibly before. The trust didn't make him do it. Hailey was killed less than a week ago, and we're talking about how much money her killer did or did not have.
 
Karmady said:
So is it a special needs trust or not -- do we know? As I understand it, that type of trust is essentially a way to stay on the dole while sitting on piles of money that can be used for your benefit for your entire lifetim -- only the investment income of which is taxed. That would, indeed, explain the minimal income that wouldn't jeopardize gov't benefits.



~snipped from the link



First-Party Trusts – Grantor Trusts



Transferring assets into a self-settled or first-party special needs trust allows the person funding the trust to qualify for government benefits (at least Medicaid and SSI), but in most states the trust assets will not be protected from the claims of the beneficiary’s creditors. This may not be set out in state statutory law, but instead as a matter of public policy enshrined in court cases.



http://www.specialneedsalliance.org/the-voice/taxes-and-special-needs-trusts-2/

Because all of the trust assets may be used to satisfy the beneficiary’s own debts (or used for the beneficiary’s benefit), for federal tax purposes the trust is taxed as if there were no trust at all. That is, if the trust has investment income, it’s taxed as if the beneficiary had received the income directly, even if the income is not distributed to the beneficiary but instead remains in the trust. For tax purposes this type of trust is known as a “grantor trust.” Grantor trust status is important if not all trust income will be distributed to the beneficiary, because trust tax rates are generally higher than individual income tax rates and a regular trust must pay tax on any income not distributed to the beneficiary.



“But,” you say, “the trust was funded with a personal injury settlement, and that isn’t subject to income tax. Why is there any income tax to pay at all?” Usually funds received in a personal injury settlement are not taxable. However, if the money is then invested, the investment income generated will be subject to income tax.



It is important to point out that in a few states first-party trusts do not receive automatic grantor trust treatment. In those states, the lawyer may put in technical provisions that will cause the trust to be treated as a grantor trust in order to gain favorable income tax treatment.
Click to expand...


My son's is third party funded and it's not taxed, ;)


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Karmady said:
That's a spendthrift trust, not a special needs trust.

Spendthrift trust - Wikipedia, the free encyclopedia
Click to expand...

Whatever. ;) It's called the ____ Family Trust, and is pretty boilerplate. You can probably find samples online. My only point in replying to Linda was that this is the more common type (unless one has a special needs child).

Pretty sure all this talk about trusts is fairly peripheral to this case, though.
JMO.
 
:seeya: New thread coming. I'll be back in a few minutes with the link.
 
PoirotryInMotion said:
Whatever. ;) It's called the ____ Family Trust, and is pretty boilerplate. You can probably find samples online. My only point in replying to Linda was that this is the more common type (unless one has a special needs child).

Pretty sure all this talk about trusts is fairly peripheral to this case, though.
JMO.
Click to expand...


I'm just nosey and annoyed he has a free lawyer!


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