Special Needs Trusts

Assistance in Special Needs Trusts

SPECIAL NEEDS TRUS GENERAL OBJECTIVE: to show families ways to pass an inheritance to a child receiving public assistance without jeopardizing their eligibility for government aid.

The trust funds will be held under the aegis of a Special Needs Trust. The trust will be managed by a named Trustee. The funds therein will be used to supplement, but not supplant, the appropriate public subsidy programs.

With a Special Needs Trust, a client doesn't have to

• Disinherit a special needs child, and/or
   

• Leave that child's inheritance to a designated "straw person" who is under no legal obligation  to "do the right thing".
   

• Leave that child's inheritance to a "straw person" who may have trouble with creditors or a rebellious spouse/significant other.
   

• Leave that child's inheritance to a "straw person" who doesn't amend their estate plan to protect such funds on their passing.

In a Special Needs Trust, one can:

• Name a trustee to oversee funds for the special needs child in your estate plan.
   

• Leave instructions how the Special Needs Trust may be used to enhance lifestyle of special needs beneficiary without jeopardizing their eligibility for public subsidy.

Special Needs Trust as a Part of a Comprehensive Estate Plan

• Special Needs Trust are used in addition to a Will or Living Trust.
   

• A comprehensive estate plan may often include a Power of Attorney, Living Will, and Healthcare Directive in addition to a Will or Living Trust.