Friday, August 15, 2014

How do I take care of my special needs child after I am gone

As a parent, taking care of a child is a responsibility that will always be with you. For parents with children who are mentally or physically disabled, there is a specific trust that can be set up to take care of your loved one after you have passed. This trust is called a Special Needs Trust (or Supplemental Needs Trust).

Many children with special needs require Medicaid assistance to make sure their medical needs are covered. However if you leave money directly to your disabled child, (over $2,000) he/she will be immediately cut off from government assistance.  In many cases the child, even if he/she has reached maturity, will not be able to manage funds by his or herself. You want your trust to serve as a supplemental source of income to your child in addition to government assistance, not as the only source.


Finding a knowledgeable Special Needs Estate Planning Attorney is your first and best line of defense in protecting your loved one in the case of your passing. It is important to remember that when you pass, leaving your assets to the trust and NOT your child is the better way to go about protecting your child. A Special Needs Trust can be constantly funded by yourself or others. Taking extra steps to make sure your child is financially secure after you are gone is one of the many ways to show your child that you care. If you are looking into setting up a special needs trust, contact our office for more information.

Law Office of Inna Fershteyn and Associates, P.C.
1517 Voorhies Avenue, 4 FL
Brooklyn, NY 11235
(718) 333-2394


1 comment:

  1. Doing and funding a special needs trust is only a small part of the problem. What about selecting a trustee, and more importantly, someone who will see after the grown child's needs!!

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