How can you provide for a special needs child after you die?

24 Jan, 2020

On Behalf of Mack & Mack Attorneys | estate planning

As a parent, it is completely natural for you to worry about what your children will do after you pass away. When you are the parent of an adult child with a disability, this can be even more of a concern. After all, how can you guarantee that the child will continue to have financial stability after you are gone? There are ways that you can still provide for your child after you die.

Your peace of mind may come in the form of your estate plan. Forbes explains that there is help for adult children who have a disability. This help comes in the form of a special needs trust. A special needs trust is a document that creates a relationship between the donor, the person who funds the trust and the beneficiary. This trust is specifically for a person who has special needs.

One reason that you may want to consider a trust for your child has everything to do with SSI payments. If your child has more than $2,000 in the bank, then he or she cannot receive benefits from SSI. Say that you give your child a lump sum when you die. This could cause him or her to lose his or her benefits. When you have money in a special needs trust, it does not count towards the child’s income.

There are two different types of special needs trusts. The first is the first party trust. This trust provides the beneficiary with the benefits. Third party trusts, on the other hand, have a trustee as the go-between.

Talk to an Experienced Attorney Today