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


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.

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