Estate Planning for Family Members with Special Needs | What to Know

If you have a family member with special needs, it is important to understand the importance of creating an estate plan that accommodates them. Continue reading to learn the misconceptions regarding estate planning for special needs individuals. If you require assistance with his process, look no further than our experienced estate planning attorney. Our legal team will assist you in creating a comprehensive estate plan that is tailored to your loved one’s needs. Do not hesitate to give our firm a call to learn more about our service and how we can assist you. We are prepared to assist you when you are ready. Here are some questions you may have regarding the legal process ahead:

Will my loved ones with special needs lose their government benefits if I include them in my will?

One of the biggest misconceptions regarding special needs estate planning is when parents believe that they need to disinherit their special needs child for fear of them missing out on government benefits. There is a way for your child to inherit your assets while maintaining their government benefits. With the assistance of a skilled estate planning attorney, you can establish a special needs trust. A special needs trust is used to ensure your loved one is taken care of through all stages of their life. Your attorney will help you in ensuring that your loved one will maintain their benefits including SSI or Medicaid which can help them receive medical and dental care, education, transportation services, and other necessary assistance.

Should I rely on my children to financially care for their sibling with special needs?

In some scenarios, what happens to your assets in your estate plan may be out of your children’s control. This is true even if you leave directions in your will that the money is to be used to care for their sibling, they may lose it. For example, if your child ever gets divorced, their spouse may be entitled to half of the assets, even if it is intended for their sibling with special needs. If you have a child with special needs, it is important that you retain the legal assistance you need to ensure that they are properly cared for. Give our dedicated estate planning attorney a call to begin this process today.

Contact our experienced Montgomery County, Maryland firm

The attorneys at JD Katz have years of experience compassionately guiding clients in Maryland through the estate planning and administration process. Our firm also has experience with matters of elder law, business law, tax law, and litigation. For a legal team that will put your needs first, contact JD Katz today.

Read Our Latest Blogs