Can I have a Special Needs Trust fund set up for my son other than as part of an estate Will?

UPDATED: Apr 14, 2015

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Can I have a Special Needs Trust fund set up for my son other than as part of an estate Will?

Is there such a thing as a Special Needs Trust Fund not created under a Will? Purpose: My son is a quadriplegic and a small group is planning to use social media campaigning to request donations for my son’s purchse of a special van and other needs to afford him a more quality life (entertainment, tech equipment, etc.). His medical equipment and care costs are paid by Medicare/Mecicaid since his car accident of 12 years ago.

Asked on April 14, 2015 under Estate Planning, New Jersey


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

Answered 7 years ago | Contributor

Yes, of course you can set up a Special Needs Trust separate and apart from being included in a Last Will and Testament.  The trust can stand on its own.  I am going to give you a link to a website in new Jersey that gives you a starting point for information.  A good attorney can help as well. Good luck.

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