Estate Planning for Families with Disabilities

LEAVING ASSETS, WHETHER THROUGH GIFT, WILL, OR A TRUST, TO A BENEFICIARY RECEIVING MEANS-TESTED PUBLIC BENEFITS WILL IN MOST CASES SIMPLY CAUSE THEM TO FORFEIT THEIR ELIGIBILITY AND LOSE THEIR BENEFITS

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In some cases, if the bequest or gift is of sufficient size to more than compensate for a lifetime of benefits, this may be acceptable. In most cases, however, such a bequest will simply cause a few years of ineligibility until the gifted funds are exhausted. Since there are excellent special needs planning alternatives, such a result is inevitably the result of poor or no planning, and a sad waste of family resources. Thoughtful estate planning can preserve public benefits and supplement care to assure your family member will be provided for the way you want, even after your death. A properly drafted special needs trust can provide for a child or adult with a disability, and assure that there is funding for care beyond what is provided by public benefit programs like SSI, Medi-Cal, IHSS and the Regional Center. Assets in a properly drafted special needs trust will not cause someone to be disqualified from any of these programs.