Legal Planning Coordination - Special Needs Trusts & Wills
Many families have questions about Special Needs Trusts. Legal Planning is the process of identifying attorneys specializing in Special Needs Planning. This trust, prepared by a Special Needs attorney, attempts to provide future care providers with the maximum supplemental financial assistance to support the special person while not jeopardizing government programs. The special needs person is the income beneficiary. They receive trust funds for supplementary needs, but at the sole and absolute discretion of the trustee. In addition, the trust identifies who will receive any remaining trust assets when the beneficiary passes away.
Special Needs Trusts have been determined legal by the court system; however, these trusts must be properly created and updated when laws change or the trust could be declared invalid. The assets could revert to the person with disabilities, making the person ineligible for government supports. It is critical that families use attorneys that have experience in creating these trusts as they have to be carefully written to comply with federal and state laws.
Disability Services & Advocacy is not a law firm, but we have had experience in working with the State of NJ leading Special Needs attorneys. Since 2001, we have worked with attorneys that specialize in Special Needs Planning. These attorneys prepare carefully drafted Wills that exclude the person with disabilities from receiving any portion of their family's estate which may cause them to lose any or all of the appropriate and necessary government benefits. Instead assets earmarked for the person with disabilities go into a Special Needs Trust for the benefit of person, but whose asset distribution is under control of the trustee.
Please use the Contact Form on the Contact Us section of our website for a referral to an attorney in your area or to discuss other ways we may be of service to you.