Estate planning is more complex and even more crucial for a parent with a disabled child. Not only should you get started on making an estate plan immediately, but it is also important to make your plans in consultation with a Leadville estate planning lawyer who will be able to advise you about the right strategies that will maximize benefits for your child, and protect his rights.
Better medical care means that many disabled children live well into their adulthood. Parents must plan for these children, and one of the more effective tools for you to do this is the use of a special needs trust. Remember, that your child is likely to qualify for a number of government benefits, including Supplement Security Income from the Social Security Administration, as well as Medicaid benefits.
Any planning that you do for your child’s future should take into consideration the need to hold onto these benefits. Remember, these benefits stop if your child crosses a certain income level, and your estate plan must reflect this. In other words, your estate plan must not interfere with your child’s eligibility for these programs.
A special needs trust can ensure that all your assets are held in the trust for your child, while he continues to be eligible for government benefits under the Supplemental Security Income program and Medicaid program. Speak with a Leadville estate planning lawyer about how this is possible.
If you have other types of assets, like life insurance plans or retirement funds, you will probably want to leave these behind for your children too. Discuss this with an attorney who is experienced with tax planning, however. Remember, making your child a beneficiary of your life insurance policies or retirement funds, could actually make him ineligible for government benefits. Talk to an estate planning attorney about the right course of action to take in your case.