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Modern Estate Planning Blog

Elder Law & Special Needs Planning

Grandma Needs To Change Her Trust – Special Considerations for Grandparents of Special Needs Children

September 30, 2016

Many loving, well-meaning grandparents have estate plans that are ticking time-bombs for their special needs grandchildren. They think they are doing the right thing by creating a trust for their grandchild with disabilities to ensure that they get the highest level of care after they and the child’s parents are gone.

This could be a huge mistake.

Leaving your special needs child money outright could mean that they have too much money to receive important government benefits. The government will consider what funds and resources your grandchild has available to them to determine if they are eligible. Your generous gift may cause them to be ineligible.

If your estate plan leaves property or funds to your special needs grandchild, call our Folsom special needs planning attorneys right away. We can create a special needs trust that can protect the money and make sure that your disabled loved one maintains the critical services that are needed.

A special needs trust can be created that will provide funds to pay for certain expenses that improve your grandchild’s quality of life. It could include anything from treatment programs to haircuts. Most likely the intent of your gift was to make sure that he or she has funds to do those things that they enjoy and a special needs trust can ensure that happens.

If you have an estate plan that leaves your grandchild money outright, RUN, don’t walk to your nearest estate planning attorney in Sacramento County. Notice I said estate planning attorney. Ask the attorney that you are considering if they have experience with these type of trusts. This isn’t something you should take chances with since it may determine your grandchild’s future.

We have years of experience doing special needs trusts, so if you are in this situation, call us today for a free consultation. Bring us your current estate planning documents and we can let you know if your current trust will protect – or harm – your very special grandchild.

Call The Chubb Law Firm today at (916) 241-9661 to review your goals and discuss your options.

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I totally see the difference between your service and your typical legal estate planning service. The experience you mentioned where you get this big document you don’t understand and a trust that never gets funded was EXACTLY our first experience. It cost a small fortune too. Really - it is the difference between providing a legal document and providing an estate planning service.

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