What You Need to Know About Estate Planning For Someone With Special Needs

What You Need to Know About Estate Planning For Someone With Special Needs

There are few things more important in life than creating a comprehensive estate plan, no matter who you are. Of course, this is no different than for someone with special needs. That being said, though everybody needs an estate plan in place, planning for individuals with special needs deserves extra care. There are certain nuances that only an experienced Maryland estate planning attorney can understand, which is why if you know someone with special needs, it is critical that you retain the services of an attorney who has helped various individuals in similar situations for years. This will help you have peace of mind, knowing your loved one will be well taken care of upon your passing and throughout his or her life. If you are ready to get started, read on, and give our firm a call today. Here are some of the questions you may have:

Should I include my loved one with special needs in my will?

Oftentimes, parents are under the misconception that if they have a child with special needs, they will lose their government benefits if they include the child in their will. This is simply untrue. Our firm can create what is known as a special needs trusts on your behalf that will help ensure your child will not only receive your inheritance, but he or she will also continue to receive the government benefits they need, such as SSI or Medicaid. Both of these benefits are instrumental in helping your child receive dental/medical care, as well as education, transportation services, and any other assistance your child’s disability may call for.

Can I rely on my child to care for my other child with special needs?

Of course, you can. However, no matter how well-meaning your child is, the truth is, if your estate plan is not properly prepared, when it comes to inheriting assets, your child may not be able to control what happens to those assets upon your passing. For instance, if your child gets divorced at some point, his or her spouse may be entitled to half of the assets you left to care for your child with special needs. This is why you need an attorney who can solidify, in writing, that those assets are strictly to be used to care for your special needs child. If you are ready to get started, give our knowledgeable firm a call today. We are always here to help.

Contact our experienced 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.

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