× Not sure where to begin? Use our simple Estate Planning guide to get started.
712

Media & Blog

California Special Needs Trusts

If you have a beneficiary who suffers from a disability, perhaps a handicapped minor or adult child, you should consider leaving their inheritance in a specific and specially-constructed trust commonly referred to as a Special Needs Trust to protect the handicapped child and keep them eligible for public assistance.

A few issues arise for disabled beneficiaries: 1. without public assistance, many such children would have to spend their entire inheritance within a few years on medical and other needs. 2. If you leave the inheritance to them outright, they may be ineligible for public assistance until they spend the inheritance down to the statutory $2,000 limit.

Further, if you mistakenly believe that leaving the disabled child’s inheritance to another child with the understanding that that child will help the disabled child, that child may not follow through on their agreement with you, they may die, divorce, or be sued, and that intended inheritance may not be available to the intended beneficiary.

Special Needs Trusts can be drafted so that family members and friends can make contributions into it, or they can be drafted as part of a revocable living trust estate plan you establish for your family.  It can be managed by a selected family member or corporate trustee, and can be available for the beneficiary’s “supplemental needs” – over and above what Medi-Cal (the Medicaid program in California) or SSI would provide.

This trust can provide the disabled beneficiary with specially-equipped automobile, stereo equipment, computer equipment, vacations, and the like.

Even a small amount of money left to this type of trust can make a significant difference in the beneficiary’s lifestyle over a great many years, and yet still keep them eligible for SSI and Medi-Cal.

Should you have questions on Special Needs Trusts and want to understand more, do not hesitate to contact our California Estate Planning Attorneys of the Singh Law Firm at (510) 742-9500.

Contact a Fremont Estate Planning Attorney
if you would like to discuss the advantages and disadvantages of a revocable living trust.
Call Us Today

2 responses to “California Special Needs Trusts

    1. Hi Anita, thank you for your comment and visiting our website. We would surely be able to discuss your options for your son and your family when it comes to Estate Planning and a Special Needs Trust. Please call our office at (510) 742-9500 to schedule a consultation appointment. Thank you.

Join the Conversation

The door is open at The Singh Law Firm. Come on in, and let’s get started. Call us today!

(510) 742-9500

Speak with a Lawyer