You Need a Will If You Have a Special Needs Child

In this series of blogs, we address the issues existing that would necessitate you having a Will. In our last blog, we discussed using a Will as a means of nominating a person who will become the Guardian for your children if you pass away. Now, we want to discuss with you the ramifications of having no Will or a Will without a Special Needs Trust, yet having an heir who receives needs-based government support. If you have a child who is handicapped and is receiving Medicaid from the federal government, it is needs- based support. In situations like this, you must consider how you leave assets to this person because you may well disqualify the child from Medicaid or from receiving future government benefits. To insure your child receives the full benefit of the property you wish to leave for him, yet not destroy their qualification to receive government benefits, you must leave property to that child in a Special Needs Trust. This is a very specialized Trust that is designed to bypass government aid qualification rules, and allows you to provide for your beneficiary after your death. A Special Needs Trust does not just come into existence; the easiest way to create a Special Needs Trust is by including it in your Last Will and Testament. Therefore, if you die without a Will or a Will without a Special Needs Trust, you greatly expose your child to becoming disqualified from receiving government aid.

Please call Robert W. Hughes & Associates for help in setting up your Will to include a Special Needs Trust.

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Mr Robert W. Hughes, Jr.

Licensed since 1992

Member at firm Robert W. Hughes & Associates, P.C.

AWARDS

AV Preeminent

RECENT POSTS

  • COURT UPHOLDS LIFE INSURANCE AWARD FOR CLIENT!
    Posted on December 27, 2018
    Topic: Estate Planning

    We are again very happy to report a successful outcome for one of our deserving clients. Our client obtained a divorce from her husband in 2002. The trial court ordered her husband to maintain a life insurance policy in the amount of $250,000 and to name our client as the beneficiary. Several years after the ... Read more

  • Another Victory For One Of Our Well-Deserving Clients
    Posted on December 13, 2018
    Topic: Civil Litigation

    Another Victory For One Of Our Well-Deserving Clients! We are very pleased and happy to represent one partner of a company who went through a bitter breakup with his partner in 2010. After eight years of litigation, we were able to secure a victory for our client when the trial court dismissed the complaint filed ... Read more

  • Are you uncertain about a Will that is being offered to probate?
    Posted on December 4, 2018
    Topic: Wills and Probate

    If you believe a Will being offered to probate does not reflect the true final wishes of your loved one, you are on a very tight time table to challenge that Will: YOU HAVE ONLY 13 DAYS TO CHALLENGE THE WILL! We are pleased to announce we have defeated yet another Will being offered for ... Read more