An unexpected change in financial circumstances, such as an inheritance by an individual who is receiving government benefits, will often result in the termination of services being provided.  This can be devastating to an individual who has become accustomed to particular treatments and services.  It is important to understand that a properly managed financial “windfall” does not have to interrupt a disabled beneficiary’s receipt of government benefits.  If you are currently receiving government benefits and are expecting your financial circumstances to change, whether it be from a recovery of a lawsuit or from a gift or inheritance, it is possible to have a Special Needs Trust created for you to hold your own assets.  In addition, if you are a parent or grandparent of a disabled individual, your will or other estate planning document can provide for a Special Needs Trust for the disabled individual that can provide “extras” for the child or grandchild without interfering with his or her receipt of public benefits.  

Our Estate Planning and Administration Group understands the strict statutory requirements applicable to “pay back” trusts and is skilled in establishing both types of Special Needs Trusts.