Think You Have to Disinherit Your Child with Special Needs? Think Again!

March 17, 2016
Russo Law Group, P.C.
Estate Planning, Guardianship, Medicaid, Special Needs
0 Comments

Many families assume it’s better to disinherit their child with special needs. Their intentions are loving—they don’t want the child to lose their government benefits as a result of inheriting; they don’t want to do their child more harm than good. They think it would be better to leave everything to their other children, trusting that those children will take care of the child with special needs.

There are unpleasant possibilities these parents have not considered. What if the other children don’t use that money to look after their sibling? Or what if something happens to the other children before the special-needs one?

Fortunately, there is a solution: Supplemental Needs Trust.

Separate & apart from the will, or within it, this type of trust allows someone to inherit without losing Medicaid or other government benefits. As the name implies, it supplements the needs of the recipient.

It pays for things in addition to the things the government pays for. For example, if the government is paying for an aid for your child, and their computer needs replacing, the trust can pay for it.

A Supplemental Needs Trust can give you peace of mind in knowing that your child will be taken care of. It is important to assess your situation to determine whether you should establish one.