If my stepson is in a physically disabled condition, can I set up a “Special Needs Trust” for him upon my death?

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If my stepson is in a physically disabled condition, can I set up a “Special Needs Trust” for him upon my death?

He is receiving disability welfare support. Is there any reason that a “Special Needs Trust” cannot be used?

Asked on February 1, 2012 under Estate Planning, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A special needs or spendthrift trust is a great idea to help your son in the future to offer lifelong benefits. However, the best approach is to consult an estate planning attorney who can help you navigate through the trust options and how best to eliminate or diminish the immediate or future impact to his state benefits. Ultimately, if his income becomes the trust, his welfare benefits and any medical benefits attached to it may end. Talk to the lawyer before you make any changes that could immediately impact his benefits.


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