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Estate planning for parents of special needs children

by Law Offices of Bonnie M. Benson, P.A. | Apr 9, 2019 | Estate Planning, Firm News

Having a special needs child often means approaching certain scenarios from different angles. While many Delaware parents become adept at taking new approaches, it’s worth noting that estate planning will likely also need carrying out differently in order to address the future needs of special needs children. Fortunately, certain planning tools can help.

Planning for the future is complicated for anyone, and parents may have a hard time predicting what type of assistance their special needs children may require in the future. Many factors could affect these needs, including a child’s specific capabilities, overall health and prognosis. Having this information may help narrow down the type of future planning that could be most useful to these children and whether government assistance could come into play.

Because parents certainly do not want their children to lose out on needed benefits, utilizing a special needs trust is often wise. Any type of financial windfall could jeopardize a person’s ability to obtain government benefits, which are often based on income and asset levels. By using trusts, funds can be kept out of the beneficiaries’ countable assets. If it is unknown whether a child may receive government benefits, authority could be given to a trustee to create a special needs trust later.

Other estate planning tools may also be useful to Delaware parents who have special needs children. Because finding the right tools for a specific family can be difficult, having help is often wise. Interested parties may want to discuss their family details and planning wishes with knowledgeable attorneys.

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