Special Needs Estate Planning

If you have a child or other loved one with special needs, estate planning takes on added importance and complexity. Without proper planning, an inheritance could disqualify your loved one from receiving vital government benefits such as Supplemental Security Income (SSI) and Medicaid.

A Special Needs Trust (also called a Supplemental Needs Trust) is a legal tool that allows you to leave assets to a person with special needs without disqualifying them from government benefits. The trust can be used to pay for expenses that government benefits don't cover, such as education, recreation, transportation, and other quality-of-life expenses.

There are several types of special needs trusts, including first-party trusts (funded with the beneficiary's own assets), third-party trusts (funded with assets from family members), and pooled trusts (managed by nonprofit organizations). Our attorneys will help you determine which type of trust is right for your situation.

Special needs estate planning also involves: naming a guardian for your special needs child, creating a letter of intent that describes your child's needs and wishes, planning for the transition to adulthood, and coordinating with other family members who may want to leave assets to your child.

At O'BRIEN LEGAL, we understand the unique challenges faced by families with special needs loved ones. Our attorneys have the knowledge and experience to create a comprehensive estate plan that protects your loved one's future while preserving their eligibility for government benefits.

Contact O'BRIEN LEGAL today to schedule your free consultation and learn how we can help protect your special needs loved one's future.