Frequently Asked Questions About Special Needs Planning

There is no one variety of a “special needs trust,” and exactly which type of trust is right for you or your special needs child depends on your specific circumstances. Nevertheless, in practically all cases, special needs trusts are designed to be a vehicle by which you can transfer your assets to your child (really, for the benefit of your child) in a way that allows the child to enjoy your assets but also remain qualified for any important governmental benefits based on their special need.

Some of these vehicles are revocable, in the sense that you can revisit and revise the terms over time, and some of these vehicles are irrevocable, meaning you have limited or no ability over time to continue managing assets transferred into the trust or modifying the terms of the trust as things change over time.

In the world of special needs planning, the best outcome for you and your special needs will be achieved only by working with a lawyer who encounters special needs planning situations daily. You have worked your whole life for what you have and for how you have designed your life to fully support your loving, lovable, special-needs child.

Unfortunately, some families collapse after the death of a loved one because they either did no planning at all, or if they did, it was through an online platform that knew nothing about their family or special needs circumstances, and that ultimately failed them when their special needs child needed help the most. We encourage a lifelong relationship between you and your estate planning attorney so that you have a lawyer for life to be there for your family – and your special needs child – when you cannot be.

This is the most often asked question in estate planning, and that is okay – we know the topic of cost is a sensitive one when it comes to choosing a professional to guide you, and we have designed our fees on a flat-fee basis only so that you know exactly what you are committing to – and there are no surprises.

While we cannot quote fees online or over the phone, we invite you to check out our upcoming educational events where we teach you things about estate planning you do not even know to ask, plus we will cover during our next event our unique meeting process and fee schedule so that you know exactly how to take the next steps at the best time for you and your family.

How much in governmental benefits any particular person qualifies for is person-specific and can change over time as laws change. There is no right answer that applies to all cases, and each special needs child is different. This means that every special needs trust is going to be different as well, and as a result, you should work with a qualified attorney (not fill-in-the-blank software or DIY templates) to ensure your special needs child is taken care of exactly how you want.

With all the planning that we do, we always encourage our clients to write a “letter of intent” in their own words to describe, in a single document, the important details that will enable the guardian to care for and raise your special needs child exactly how you would.

A letter of intent would include your child’s medical and education history; their likes, dislikes, and habits; and aspirations concerning their future, including living arrangements, career, and lifestyle. The letter is meant to be a roadmap for the guardian and to minimize disruption during an emotional time of transition.