How do I create a trust for special needs children? 7 Answers as of April 27, 2011

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

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Apple Law Firm PLLC
Apple Law Firm PLLC | David Goldman
There are several ways to create a Special needs trust depending on your circumstances and the amount of money you want to put in them. Sometimes is is best to create them while you are alive and in others it may be better to create them testamentary (upon death). You should discuss your circumstances with a Florida Estate Planning Lawyer to determine what makes the best sense for you and the advantages or disadvantages of each based on your goals.
Answer Applies to: Florida
Replied: 4/27/2011
Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
A Special Needs Trust is very state specific and complicated. You should seek the advice of an attorney before undertaking such a document as a mistake could be very costly for both you and your children!
Answer Applies to: New Hampshire
Replied: 4/26/2011
Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
Such a trust is created just like any other trust. It requires an attorney to properly prepare the necessary papers with the appropriate wording to establish the Trust, put in place a Trustee to handle the funds and specific terms and conditions under which the Trust funds will be released for the appropriate care for the child and when he/she becomes otherwise emancipated if there is an expectation of a continuation of the disability past the age of majority. Speak to an Estate planning attorney.
Answer Applies to: New York
Replied: 4/24/2011
Law Offices of Timothy G. Kearney, LLC
Law Offices of Timothy G. Kearney, LLC | Timothy G. Kearney
This is a difficult question to answer without additional facts - Are you referring to a Testamentary Trust or an Inter Vivos Trust? Is the child already receiving some form of aid? I would recommend you consult with an attorney who can sort through the facts and provide you with some possible options/outcomes. Good luck.
Answer Applies to: Connecticut
Replied: 4/24/2011
Law Offices of Brian Chew
Law Offices of Brian Chew | Brian Chew
Depending on your circumstances, you can either have a special needs trust drafted now if you anticipate funding the trust prior to your passing or you can have a provision for a special needs trust in your living trust or will if the trust is going to funded with assets from your estate. Contact your local estate planning attorney who has experience with special needs trusts.
Answer Applies to: California
Replied: 4/24/2011
    Meyer & Yee, LLP
    Meyer & Yee, LLP | Kent W. Meyer
    A special needs trust must be irrevocable and needs very specific language. We draft these trusts.
    Answer Applies to: California
    Replied: 4/24/2011
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