If I have 5 children but 1 is disabled and on SS disability, how can I evenly distribute my estate without the state taking the disabled child’s portion?

Also, how do I leave my wife in control until her demise (or vice versa)?

Asked on September 14, 2014 under Estate Planning, Louisiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You are very wise to think of these things now. What you want to speak with ana ttorney about is something known as a Special Needs Trust sometimes called a Supplemental Needs Trust.  These are trusts set up for the benefit of a disabled person but the funds contained therein are not counted by medicaid or SSI for services. You and your wife would be trustees of the Trust.  It can be costly to set this up but well worth it in the end.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.