How can I create a trust for special needs children? 12 Answers as of September 03, 2015

I am seeking information about the considerations for putting in place a trust for a special needs child.

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Attorney At Law | James G. Maguire
I have done these. There is language in the trust that is designed to prevent the person with special needs from losing government benefits.
Answer Applies to: Louisiana
Replied: 9/3/2015
O'Keefe Legal Services, L.L.C.
O'Keefe Legal Services, L.L.C. | Sean P. O'Keefe
In Maryland, consult a trusts attorney with experience in supplemental (special) needs trusts. There are many factors to consider, and what may be best for your scenario will depend on what the goals and objectives are.
Answer Applies to: Maryland
Replied: 9/2/2015
Stephens Gourley & Bywater | David A. Stephens
That depends on whether the trust benefits one special needs child, or special needs children, in general. At a minimum you will need a list of proposed assets, a trustee and a beneficiary and the rules the trustee must follow to assist the beneficiary.
Answer Applies to: Nevada
Replied: 9/2/2015
Law Ofices of Edwin K. Niles | Edwin K. Niles
Special Needs Trusts are disfavored. Please make sure your lawyer is a specialist in this field.
Answer Applies to: California
Replied: 9/2/2015
Goldsmith & Guymon
Goldsmith & Guymon | Dara Goldsmith
Do not use self-help. Seek out a qualified estate planning attorney to assist you. This is opinion is solely based upon the facts presented in the inquiry. Additional facts may be important and may change the analysis. If you are uncertain, seek legal counsel. We are not your attorneys. This answer is being offered to assist you in determining if you need to retain legal counsel to assist you, not to resolve your issue through an email inquiry.
Answer Applies to: Nevada
Replied: 9/2/2015
    Ronald K. Nims LLC | Ronald K. Nims
    The biggest problem in creating a trust that will function of many years is choosing a trustee who will administer the assets and make the payments for that time.
    Answer Applies to: Ohio
    Replied: 9/2/2015
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    A special needs trust is a specialized trust with required technical aspects and purposes. You should contact an attorney to discuss the full implications of a special needs trust.
    Answer Applies to: Illinois
    Replied: 9/2/2015
    Gates' Law, PLLC | Thomas E. Gates
    Special Need Trust have special provisions that must be included in the Trust document. It is critical to set-up the Trust or else it could be exposed to creditor claims. It can also be counted as a resource that must be used up before receiving public assistance.
    Answer Applies to: Washington
    Replied: 9/1/2015
    Kokish & Goldmanis, P.C.
    Kokish & Goldmanis, P.C. | Bernard H. Greenberg
    Go to an attorney who does special needs trusts.
    Answer Applies to: Colorado
    Replied: 9/1/2015
    Patrick W. Currin, Attorney at Law | Patrick Currin
    A trust is the correct way to go. You'd need to think about the proper person to be trustee and whether they'd be compensated.
    Answer Applies to: California
    Replied: 9/1/2015
    Law Offices of Richard M. Levy P.C.
    Law Offices of Richard M. Levy P.C. | Richard M. Levy
    Consult with an attorney.
    Answer Applies to: New York
    Replied: 9/1/2015
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    A special needs trust is a very specialized trust, and requires careful analysis of the beneficiary's benefits and needs. I recommend contacting a lawyer who does "elder law" to assist with this process.
    Answer Applies to: Oregon
    Replied: 9/1/2015
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