• The Blessing of Pure Discretionary Trusts
  • August 24, 2010
  • Law Firm: Hickman & Lowder Co., L.P.A.
  • Third-party settled special needs trusts, if carefully drafted, are safe in Ohio. While at first blush, the Ohio Supreme Court¿s reversal and remand of Pack v. Osborn1 may have looked like a blow to the efforts of those who strive to protect public benefits for disabled beneficiaries of third-party trusts, a further analysis of the opinion demonstrates that it is quite the opposite. The Supreme Court¿s decision, on the one hand, warrants little mention, in that it is simply one more of dozens of cases from various jurisdictions, including Ohio, to affirm the nature of a common law pure discretionary trust. On the other hand, it is only slightly hyperbolic to state that the implications of the decision are stunningly breathtaking, in that the case instantly cleared away the conditions that had been brewing a perfect storm.